Does my spouse have a right to any of my non-marital assets?
The assets classifies as “non-marital” are stated in Florida Statute 61.075 (6)(a)(4)(b) and are as follows:
- Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities;
- Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets;
- All income derived from non-marital assets during the marriage unless income was treated, used, or relied upon by the parties as a marital asset;
- Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and
- Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a non-marital liability only of the party having committed the forgery or having affixed the unauthorized signature.
Assets acquired before the marriage should remain non-marital unless the asset is transferred to joint title during the marriage. Additionally, any enhancement in value of a non-marital asset caused by contributions of marital funds or marital labor is considered marital and should therefore be subject to distribution.
Noninterspousal gifts may be considered marital if intended for both parties and received during the marriage. A noninsterspousal gift may also be considered marital if the recipient jointly titles the gift. An inheritance may be classified as marital if the funds are placed in a joint account.
In general, any income from a non-marital asset may be considered marital if the parties used part or all of the income during the marriage to pay for marital expenses. Any asset purchased with non-marital income during the marriage may be considered marital if commingled with other marital assets.
A marital agreement preventing specified assets and liabilities from being considered marital should be accepted and enforced by the court unless the agreement calls for distribution forbidden by law.
A liability incurred by forgery or unauthorized signature should remain non-marital unless the other spouse later sanctions the unauthorized document.