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When I Get My Florida Divorce, Do I Get to Keep the Gifts?

When you go through a Florida divorce, what happens to the gifts that you received before and during the marriage?

As we have talked about in previous articles, anything you owned before the marriage, whether from a gift or otherwise, is your non-marital property. What about gifts received during the marriage?

Anything you receive from someone other than your spouse during the marriage as a gift is considered your non-marital property also. Yes, that watch your parent gave you or the inheritance from Aunt Millie.

A gift from your spouse is different. Any gift from one spouse to another during the marriage is considered to be a marital asset subject to being divided (usually 50/50) during a divorce.

In our divorce law firm, this question arises in a number of fact situations. Your spouse may surprise you with the purchase of that new car you have been admiring and title it solely in your name. Your spouse may place a substantial amount of funds in a bank account solely in your name. Your spouse may give you expensive gifts on special occasions. If those gifts were given during the marriage from your spouse, they are marital property and belong just as much to your spouse as they do to you.

Bottom Line: Your expert Florida divorce lawyer can advise you that the gifts you receive may not last forever.

(copyright Stann Givens 2009)


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Florida requires an equitable distribution of the marital property (what is fair, not necessarily equal). Each spouse keeps the property and debts that belonged to them before the marriage. Each spouse also keeps any property received as a gift or inheritance, or any property that the spouses agree to divide in a written agreement. Any property that was acquired before the spouses married or that was received as a gift or inheritance is not considered marital property. If the spouses cannot come to an agreement, a court will divide the property and the debt.
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