Separate Property
Separate property (often called nonmarital property in Florida) is what belongs to one spouse alone and is generally not divided in a divorce. It typically includes assets owned before the marriage, plus inheritances and gifts received by just one spouse, along with property the spouses agreed to keep separate. Separate property can lose its protected status if it gets mixed with marital assets, so keeping it clearly distinct matters.
Last updated June 21, 2026
Legal Definition
Nonmarital assets and liabilities under F.S. §61.075(6), including property acquired before marriage and individual inheritances or gifts, excluded from equitable distribution unless commingled or enhanced by marital labor or funds.
Example
The inheritance she kept in a separate account stayed her separate property in the divorce.
Related Statutes
- 61.075
Related Terms
Ready to move forward?
If you and your spouse agree, our $750 flat-fee uncontested divorce is attorney-prepared and attorney-reviewed before filing.