Do gifts to my spouse count as assets in equitable distribution?

Inter-spousal gifts are considered marital assets under Florida Statute 61.075 (6)(a)1c and are therefore subject to equitable distribution. The court has decided upon three conditions which must be met to show intent to give a gift: “(1) donative intent; (2) delivery or possession of the gift; and (3) surrender of dominion and control of the gift.”Mills v. Mills, 845 So.2d 230, 233 (Fla. 3d DCA 2003). Furthermore, the statute only allows for gifts given during the marriage. Premarital gifts, such as engagement rings, are not subject to equitable distribution.

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