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. Two questions sit under the heading, then: what you owned on the wedding day, and what came to you separately afterward. The first is usually about accounts and real estate. The second is usually about family.
Saying something was yours before the marriage is easy; showing it takes paper with a date on it. For an account, that means a statement from before the wedding. For a house, it is the deed and the closing statement; for a car, the title; for an inheritance, the documents from the estate that sent it. If the account was opened fifteen years ago at a bank since bought twice, that old statement may now exist only in your files.
The phrase about assets acquired in exchange is where it gets harder. A premarital house sold and rolled into a new one leaves a trail of closing documents, and the trail is the argument. Each link needs its own paper: the sale, the proceeds, the purchase they went into. One missing closing statement can leave a gap that is expensive to argue across.
Whether mixing with marital money changes the answer in your case is a question for your attorney. Commingling is the word attorneys use for that mixing, and it is why records from the years after the wedding can matter as much as the ones from before it. The records that show an asset predates the marriage are laid out asset by asset in the guide.
Paper that proves a gift or an inheritance
Gifts and inheritances lose their paperwork fastest, because nobody thought of it as paperwork at the time. A grandmother's ring arrives with a handwritten note. A parent's estate sends a check. Ten years later there is a ring and a bank balance, and neither says where it came from.
The documents worth keeping are the ones that date the transfer and name who received it: the letter, the distribution statement, the appraisal made at the time, the deposit record showing where the money landed. Heirlooms carry their own version of this problem, since the object survives and the provenance usually doesn't. A photograph of the piece beside the dated letter is worth more than either one alone. Where there was no letter, a dated email from the giver may do some of the same work.
Kept in dated custody, those papers become part of what you disclose. That is where they help you. The records that set premarital property apart are kept the same way. An inventory line that names the estate and the year is the kind an attorney can use.