My parents are making a will, if I divorce after they have left me money, is she entitled to half?

Question

My parents are making a will, if I divorce after they have left me money, is she entitled to half?

Answer

Under Florida law, bequests made solely to one spouse by that spouse's parents are not deemed to be intended as a devise to both spouses, or otherwise considered to be marital property simply by virtue of the fact that the receiving spouse is married at tye time of the bequest. However, if the moneys received are co-mingled with other jointly owned funds (deposited in a joint account, or invested in jointly owned assets), they may be deemed to become marital property as a result of such co-mingling. Thus, should you divorce after receiving an individual bequest from your parent's will, and have not co-mingled those funds with other jointly owned monies or assets, you would normally be permitted to claim "special equity" in the bequest (which means you keep it all as your own property, and it is not included among the marital assets to be divided by the court as part of the equitable distribution made as part of the final order of dissolution.