When you hear the phrase “marital gift,” it may call to mind poring over an engaged couple’s wedding registry to select just the right item (or items,) or perhaps bring back memories of sending out dozens (or even hundreds) or thank-you notes for the things you received at your own wedding.
What you may not know is that, in Florida law, “marital gift” has another meaning, and this other meaning may have a major effect on the division of your assets in the event of a divorce. Under this “marital gift” legal concept, it is possible for a non-marital asset to become part of your marital estate subject to equitable distribution in your divorce. What this should remind you is that divorce law is full of many subtleties, nuances and concepts probably unknown by even knowledgeable non-lawyers. That’s why, if you’re going through a divorce here in the Sunshine State, you need the experience of a skilled South Florida family law attorney on your side.
A recent case of a Brevard County couple is an example of divorce where a “marital gift” mattered a great deal. In the case, the couple had a marital home that was purchased with a mortgage and an $80,000 down payment. The $80,000 for the down payment came from a gratuity given to the husband by a former employer, as a “thank you” for services he had performed prior to the husband’s marrying the wife.