Is Nonmarital Property Converted to Marital By Paying Marital Expenses?

When dividing assets in a Florida divorce, one common question is whether a spouse that uses nonmarital funds to pay marital expenses converts the asset from non-marital to marital. The recent case of Rose v. Rose (November 2025) provides important guidance.

In Rose, the husband owned a construction company that the court classified as nonmarital property. During the marriage, he used the company’s accounts to pay personal and marital expenses. The trial court ruled that this use converted part of the business into a marital asset and awarded his wife half the business value.

The Second DCA reversed the trial court, holding that the use of nonmarital funds for marital expenses does not automatically convert the asset into marital property. Only when nonmarital funds are mixed with marital funds (e.g., deposited into a joint account) or there is clear intent to gift does the classification change.

Florida law is clear: Payment of marital expenses with nonmarital funds does not change ownership classification unless commingling or gifting occurs. It is important to keep marital and non-marital accounts separate to avoid commingling.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.