Questions people ask
What counts as premarital property in a Florida divorce?
The short answer
Florida law treats assets acquired by either party before the marriage, and assets acquired in exchange for them, as nonmarital. Whether a particular asset keeps that status depends on the records that show it, which is a question for an attorney.
Source: s. 61.075(6)(b), Florida Statutes. Checked 2026-09-29.
The longer answer
The statute also lists assets received separately by gift, bequest, devise or descent. Asserting that something was yours before the marriage is easy; showing it is harder. Statements that predate the marriage, purchase records, titles, appraisals and inheritance papers are what turn an assertion into a record. Dated, documented custody of those papers is evidence you want in disclosure — not evidence to keep from it.