What are Marital and Nonmarital Assets?

By Mia Fabian

When someone is considering divorce, how their assets are divided is often one of

the biggest sources of stress during a stressful and emotional time. Assets can include

anything with monetary value, including but not limited to real estate, cash, vehicles, or

investments. Understanding the basics of how assets are split during a divorce can help

ease anxiety and provide comfort while navigating a difficult process.

Please keep in mind that every situation is different, and assets will be split

differently in every divorce. This overview is intended for general informational purposes

only and should not be considered legal advice. However, Florida Statute 61.075 defines

marital and nonmarital assets as follows:

“Marital assets and liabilities” may include the following:

a. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.

b. The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.

c. The paydown of principal of a note and mortgage secured by nonmarital real property and a portion of any passive appreciation in the property, if the note and mortgage secured by the property are paid down from marital funds during the marriage.

d. Interspousal gifts during the marriage. An interspousal gift of real property may not be made in the absence of a writing that complies with the requirements of s. 689.01. The joinder of a spouse in the execution of a deed with the sole purpose of the conveyance of homestead real property to any person or entity other than the other spouse or both spouses jointly does not change the character of the real property being conveyed, or any proceeds from the sale thereof, to marital property.

e. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.

f. The marital interests in a closely held business. The value of the marital interests in a closely held business is determined by the court. (Fla. Stat. § 61.075(6)(a)1.a.–f. (2025).)

“Nonmarital assets and liabilities” may include the following:

1. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets.

3. 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.

4. Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

5. Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability is a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature. In determining an award of attorney fees and costs pursuant to s. 61.16, the court may consider forgery or an unauthorized signature by a party and may make a separate award for attorney fees and costs occasioned by the forgery or unauthorized signature. This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse.

6. Real property acquired separately by either party by noninterspousal gift, bequest, devise, or descent for which legal title has not been transferred to the parties as tenants by the entireties in accordance with this section. (Fla. Stat. § 61.075(6)(b)(2025).)

Usually, a party keeps their nonmarital property after a divorce, and it is not split

between the parties. However, marital property will typically be split. In Florida, the

process for splitting marital property is called “equitable distribution,” meaning the split is

not necessarily 50/50. Instead, the court decides on a fair split between the parties.

Please remember that definitions and statutes change, and each case is different.

Divorce can be a long and difficult process, and very little is ever black-and-white.

However, an experienced family law attorney should be there to help you understand the

process and guide you every step of the way.

References:

Chapter 61 Section 075 - 2014 Florida Statutes - the Florida Senate. Available at:

https://www.flsenate.gov/Laws/Statutes/2014/61.075

Separating property. Available at:

https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/infor

mation_center/family_law/marriage_and_divorce/annulment_separation_divorce/s

eparating_property_awarding_alimony/separating_property/