Individuals can use a prenuptial agreement to protect inherited assets they receive during the marriage. Under Florida law, that protection is not automatic. Without a written agreement and sound financial habits, inherited funds can lose their separate status. A prenup can define which assets each person keeps as separate property. Knowing how prenuptial agreements work helps people plan before problems arise.
How Florida law treats inherited assets
Florida Statutes § 61.075(6)(b)(2) classifies assets received by inheritance during marriage as nonmarital property at the time of receipt. A court generally treats them as belonging to the spouse who received them. However, that classification is not permanent. Inherited assets may lose their separate status when they are mixed with marital funds or handled in ways that show an intent to treat them as jointly owned.
A prenuptial agreement reinforces this protection by identifying which assets remain separate property, including any inheritance received after the marriage begins. The agreement creates a clear legal record of each party’s intent before any dispute arises.
Grounds for challenging a prenuptial agreement
Under Florida Statutes § 61.079, a prenup can be challenged in several ways. The other party may argue it was signed under fraud, duress, coercion or overreaching. A challenge may also succeed if the terms were grossly unfair at the time of signing. This path requires showing the challenging party lacked fair disclosure of the other spouse’s finances. A court may void the agreement or limit certain terms if a challenge succeeds. Full disclosure from both parties at signing reduces these risks.
Why commingling puts inherited assets at risk
A prenup alone may not protect inherited assets. How the funds are handled after marriage also matters. Under Florida law, inherited funds may become marital property if they mix with shared assets and cannot be traced to their source. Common risks include:
- Moving inherited funds into an account held jointly with a spouse
- Using inherited money to buy shared property or pay down marital debt
- Failing to keep records of the funds’ source and account history
- Retitling or converting inherited assets into jointly held property
Keeping inherited funds in a separate account and saving records of their source, statements and transfers can help show that the assets remain separate property.
How to maintain protection for an inherited asset over time
Protecting an inheritance in Florida requires both a well-drafted prenuptial agreement and sound financial management throughout the marriage. A Florida family law attorney can review the terms of an existing agreement, confirm it adequately addresses inherited assets and identify any financial habits that may be weakening the protection the agreement is designed to provide.
