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If you are planning to get married in Florida, it`s important to consider the option of a prenuptial agreement. This legal document outlines how assets will be divided in the event of a divorce or separation. But what about gifts? If you receive gifts before or during your marriage, how do they factor into a prenup?
In Florida, gifts are considered separate property and are not subject to division in a divorce unless they were commingled with marital assets. This means that if you received a gift before or during your marriage and kept it separate from your joint assets, it would not be included in a prenup.
However, if you received a gift and used it to purchase a joint asset, such as a house or car, it could be considered commingled and subject to division. It`s important to keep careful records of any gifts and how they were used to ensure proper division in a divorce.
It`s also worth noting that gifts can be included in a prenup if both parties agree. For example, if a spouse receives a large inheritance or gift before or during the marriage, they may want to protect those assets by including them in the prenup.
When it comes to gifts during the marriage, it`s important to establish clear guidelines. If a gift is given to one spouse, it should be considered their separate property unless specified otherwise in the gift agreement. However, if a gift is given to both spouses, it may be considered joint property and subject to division in a divorce.
In conclusion, gifts can play a role in prenuptial agreements in Florida, but it`s important to keep careful records and establish clear guidelines. If you have any questions or concerns, it`s always wise to consult with a legal professional to ensure your assets are protected in the event of a divorce or separation.