Excluded Property
Excluded property refers to assets that are not divided in a Florida divorce because they count as separate (nonmarital) rather than marital property. This typically includes things one spouse owned before the marriage, gifts and inheritances received by just one spouse, and assets the couple agreed to keep separate in a valid prenuptial or postnuptial agreement. Because it is nonmarital, excluded property generally stays with the spouse who owns it.
Last updated June 21, 2026
Legal Definition
Nonmarital assets and liabilities excluded from equitable distribution under F.S. §61.075(6), including property acquired before marriage, separate gifts or inheritances, and items designated nonmarital by valid agreement, provided they are not commingled or transformed into marital property.
Example
The inheritance she kept in a separate account was excluded property and stayed entirely with her.
Related Statutes
- 61.075
Related Terms
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