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Separate Property

Separate property is not subject to asset division.

In an Orlando or Tampa divorce and throughout Florida, all assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as non-marital assets or liabilities are presumed to be marital assets and liabilities. If it is established that there are assets and liabilities that are non-marital, those assets and liabilities will not be divided in a divorce. This is because non-marital assets and debts are not subject to asset division. Non-marital assets are also referred to as separate property. Assets and debts that are considered separate property will be retained by the spouse that owns them after divorce is finalized. What is considered separate property? Fla. Stat. § 61.075(6)(b) provides that non-marital assets and debts include:

  • Assets acquired and debts incurred by either party prior to the marriage.
  • Assets acquired separately by either party by noninterspousal gift (a gift that is not from your spouse), bequest, devise, or descent.
  • All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset;
  • Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties.
  • Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. This does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.


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