On divorce, most states provide that only marital property is subject to division between the spouses. Other states, like New York and Florida, are equitable-distribution states in which all marital property is divided equitably between spouses. Importantly, most states carve out certain categories of property that will not be considered community property or marital property. If those assets remain in the sole name of the inheriting spouse and are not commingled with marital funds, they often remain protected from division on divorce. However, if the separate property funds are commingled with marital property funds (even if the bank account is in that spouse’s sole name), a court may find that the previously separate property funds are now marital property subject to division.