What is the definition of Non-Marital Assets?
Non-marital assets are property that belongs to one spouse alone in a Florida divorce. They are excluded from equitable distribution and are not divided between the parties. The classification is decided under Florida Statute 61.075.
What Counts as Non-Marital Under Florida Law
Florida Statute 61.075(6) lists five categories of non-marital assets:
- Assets acquired before the marriage
- Income earned from a non-marital asset, if not treated as marital property
- Gifts and inheritances received by one spouse, other than gifts between spouses
- Assets excluded by a valid written agreement, such as a prenuptial agreement
- Increases in the value of a non-marital asset that were not caused by either spouse during the marriage
How Non-Marital Assets Lose Their Protection
A non-marital asset can become marital by how the spouses treat it. Common ways include:
- Commingling. Depositing inherited funds into a joint account can erase their separate character.
- Retitling. Adding a spouse’s name to a premarital home creates a presumption of a gift to the marriage.
- Marital improvements. Marital funds or labor used to improve a separate asset can create a marital claim to the gain.
Active vs. Passive Appreciation
Passive growth of a non-marital asset stays non-marital. A brokerage account rising on market forces is a common example. Active growth driven by either spouse’s labor or contributions during the marriage is generally marital, even when the underlying asset is separate.
Who Has to Prove the Classification
The spouse claiming an asset is non-marital carries the burden of proof. That usually means tracing the asset with account statements, titles, and records. Involved tracing often involves a forensic accountant.
Related Terms
- Prenuptial Agreement
- Asset Appraisal
- Forensic Accounting
- Contingent Assets
- Equitable Distribution Trial
Protecting Non-Marital Assets in a Tampa Divorce?
To see how Florida courts classify and divide property, visit our Tampa divorce lawyer page, or call Mindi Lasley, P.A. at (813) 873-9047.