Equitable Distribution in Florida: What's Considered a “Nonmarital Asset”? (FAQs) Based on Florida Statute 61.075(6)

What Are Nonmarital Assets and Liabilities in a Florida Divorce?

Under Florida Statute 61.075, dividing assets and debts during divorce isn't just about who earned what. Some things are off the table—these are called nonmarital assets and liabilities. Here's what that means and how it might apply to your case:

1. Property You Had Before the Marriage

What it means: If you brought it into the marriage—like a condo, car, or student loan—it's likely yours to keep (or pay off).
Example: You bought a townhouse five years before getting married? It's probably nonmarital—unless you added your spouse to the deed or paid the mortgage with joint funds.

2. Gifts or Inheritances Just for You

What it means: Money or property you receive from someone other than your spouse—like an inheritance from grandma or a gift from a parent—is nonmarital.
Watch out: If you mix it with marital funds (a.k.a. "commingling"), it may lose that protection.

3. Income from Nonmarital Assets

What it means: If your rental property (which you owned before the marriage) earns income, that income is nonmarital—unless you used it to support the household or treated it like joint money.
Pro tip: Keep it separate if you want to keep it protected.

4. What You Agreed to Keep Separate

What it means: Got a prenup or postnup? If it's valid, anything excluded by agreement is nonmarital.
Why it matters: This is one of the most powerful tools for protecting your financial future—especially if you're bringing in significant assets.

5. Forgery & Fraud

What it means: If your spouse signs your name on a loan or credit card without your consent, that debt is theirs alone.
Heads up: Courts can also award attorney's fees for the mess they caused—if you can prove it.

6. Real Estate Gifts You Keep in Your Name

What it means: If you inherited or were gifted a home and kept it titled only in your name, it remains nonmarital.
Tip: If you added your spouse to the deed, it may now be considered marital property—unless you have a clear agreement saying otherwise.