How Florida’s Equitable Distribution Law Treats Gifts Between Spouses in a Fort Lauderdale Divorce
It’s natural to assume that a gift your spouse gave you during the marriage is yours to keep if you divorce. However, under Florida law, that assumption can be costly. Whether it was jewelry, a car, money, or real estate, gifts between spouses are treated differently than most people expect.
Understanding how Florida courts classify interspousal gifts can help you protect assets that matter to you. Our experienced Fort Lauderdale divorce lawyer explains the current rules and how to build a strong case.
Classifying Gifts Between Spouses in Broward County Divorce Proceedings
Under Florida Statute 61.075, all property and assets in a Fort Lauderdale divorce are divided into two categories: premarital and marital property. The Broward County Family Court divides marital property equitably between the spouses, meaning each party gets a fair share.
This includes gifts between spouses. The following explains more about how Florida law classifies them:
- Gifts between spouses during the marriage are generally treated as marital property subject to division.
- Gifts received from third parties, such as a family inheritance, typically remain the non-marital property of the recipient spouse alone.
- An interspousal gift of real estate requires a formal written conveyance signed in the presence of two witnesses to be legally valid.
- Engagement rings given before the wedding are generally treated as premarital property and are not subject to division.
- Personal property commingled with marital funds or used by both spouses may lose its non-marital character over time.
These rules apply broadly in all Fort Lauderdale divorce cases. However, a valid prenuptial or postnuptial agreement can establish different terms.
How to Protect Your Interests When Gifts Are at Issue in A Fort Lauderdale Divorce
Disputes are common when dividing property in a Fort Lauderdale divorce, particularly when that property involves potentially valuable gifts. The source of the gift, the intent behind it, and how the item was treated throughout the marriage all influence how a court ultimately classifies it.
If gifts are an issue in your particular case, take these steps to protect your rights:
- Gather receipts, correspondence, or written records that establish the circumstances and intent behind any significant gift.
- Review any deed transfers that occurred during the marriage to determine whether they meet the formal written conveyance requirements currently in effect under Florida Statute Section 689.01.
- Identify any items that may have been commingled with marital funds, since commingling can change how a court classifies them.
- Consult a lawyer before disclosing or negotiating the treatment of gifts in settlement discussions.
Taking a proactive approach to gifts in a Fort Lauderdale divorce can help in getting what you are entitled to in a divorce settlement.
Consult An Experienced Fort Lauderdale Divorce Lawyer Today
The treatment of gifts in a Fort Lauderdale divorce is more complex than most people expect. To get what you are entitled to, reach out to Vanessa L. Prieto Law Offices. We provide the trusted, local legal representation needed to protect your rights. Reach out today and request a consultation with our experienced Fort Lauderdale divorce lawyer.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
flsenate.gov/Laws/Statutes/2024/689.01
