Does Divorce Revoke a Will in Florida?

When you’re going through a divorce, there’s a lot to deal with, and one important question that comes up is: what happens to your will? Many people wonder if getting divorced automatically cancels out your existing will.

However, in Florida, getting divorced doesn’t immediately revoke your entire will the way it does in some states. But that doesn’t mean your will is totally unaffected. Divorce can still change certain parts of your will, even if the document as a whole still remains valid.

If you’re divorcing in Florida, you need to know how it impacts your estate plan so you can make sure your assets are passed on the way you intend.

What You Need to Know About Florida’s Laws on Divorce and Wills

According to Florida Statute Section 732.507, an annulment of marriage or final divorce decree automatically voids provisions in a will that affect the testator’s spouse.

In other words, the courts must treat the terms in your testamentary documents that favor your ex-spouse as if the former spouse had died at the time of the divorce.

There are exceptions to this rule, though. If your divorce or annulment judgment specifically says something different, that would override the automatic revocation. For example, if your divorce agreement states that your ex-spouse will still inherit certain assets regardless, then that provision would remain in effect.

It’s also key to understand that this revocation only cancels out the specific parts of your will that favor your ex-spouse. The rest of your will is still completely valid and enforceable.

How Automatic Revocation of Will Provisions Upon Divorce Works

When you divorce in Florida, provisions in your will and advanced directives that name your ex-spouse are treated as if he or she predeceased you, meaning:

• Specific bequests to your ex-spouse will lapse and become part of your residuary estate.
• Your ex-spouse cannot act as a personal representative or trustee.
• Any powers of attorney granted to your ex-spouse are revoked.

If your will includes a residuary clause, the executor will typically distribute your ex-spouse’s share of the estate to the alternate beneficiaries named in the clause.

Impact of Divorce on Beneficiary Designations

Getting divorced can impact more than just your will – it can also affect who you’ve named as the beneficiary for things like life insurance and retirement accounts.

Florida law, as outlined in section 732.703, Florida Statutes, automatically invalidates a beneficiary designation made by one spouse for the benefit of the other spouse when a couple divorces. This includes designations for life insurance policies, retirement accounts, and pay-on-death accounts.

Divorce and the Elective Share in Florida

Florida law provides certain protections for surviving spouses. One key protection is something called the “elective share.” This rule says that a surviving spouse has the right to claim a certain amount of their deceased spouse’s estate, no matter what the will says (usually 30% of the elective estate).

Impacts on Elective Share

However, the right to claim an elective share terminates upon divorce unless the dissolution or annulment judgment expressly provides otherwise.

This rule means that if you divorce your spouse and subsequently die, your ex-spouse will not be entitled to claim the statutory 30% of your estate.

Exceptions to the Law

However, if you die during the pendency of the divorce proceedings, your surviving spouse may still be able to claim an elective share since the court has yet to dissolve the marriage legally.

Other Provisions Still Stand

It’s also important to note that terminating the right to an elective share upon divorce by statute does not affect the other rights or obligations between former spouses, such as those outlined in a marital settlement agreement or divorce decree.

Protecting Your Estate Plan During and After Divorce

Estate planning during a divorce can be complicated, but there are steps you can take to protect your assets and make sure that courts respect your wishes:

1. Work with an experienced estate planning attorney to update your will, trusts, and beneficiary designations throughout the divorce process.
2. Create a new will and estate plan after the courts finalize your divorce to reflect your changed circumstances and priorities.
3. Consider the implications of subsequent marriages on your estate plan and address them proactively.

Taking this approach to estate planning during and after divorce can provide clarity and security for yourself and your loved ones.

Updating Other Estate Planning Documents

In addition to updating your will after a divorce, reviewing and revising other estate planning documents, such as trusts and powers of attorney, is also necessary.

Updating Trust Agreements

Trusts are powerful tools for managing and protecting your assets, both during your lifetime and after your death.

If you have a revocable living trust, you’ll need to update it to remove your ex-spouse as a beneficiary and trustee and to ensure that it aligns with your post-divorce wishes.

Updating Named Agents

Similarly, if you have given your ex-spouse power of attorney over your financial or healthcare decisions, you’ll want to revoke these powers and designate new agents who can act on your behalf if needed.

Safeguard Your Legacy After Divorce

Divorce is a big life change, which means you need to take a fresh look at your estate plan.

By knowing how Florida law handles wills and divorce, and working with a skilled estate planning lawyer, you can make sure your loved ones are protected and receive what you intend to leave them.

Our divorce attorneys at Vollrath Law are here to help people in Central Florida tackle estate planning challenges during and after divorce.

We understand the emotional and financial stresses you’re facing, and we’re here to guide and support you in securing your legacy.

Don’t let divorce throw off your estate planning – contact us today for a consultation.