Divorce in Florida: Update Your Estate Plan Before It's Final
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Florida automatically revokes most will, trust and beneficiary provisions for a former spouse, but generally only once the divorce is final. While the case is pending, your spouse may still inherit, make medical decisions or receive account proceeds, so talk with your divorce lawyer about what you can change now.
What Florida law does after the divorce is final
- Wills: provisions for a former spouse are treated as if the spouse died first (§ 732.507)
- Revocable trusts: the same rule applies (§ 736.1105)
- Beneficiary designations: designations of a former spouse on many life insurance policies, annuities, IRAs and POD/TOD accounts become void (§ 732.703), with exceptions including ERISA-governed employer plans
- Health care surrogate: a spouse designated as surrogate is generally revoked by dissolution unless the document says otherwise (§ 765.104)
The risk while the divorce is pending
A Florida divorce can take months or years. Until the final judgment, your spouse generally still has inheritance rights, including the elective share and homestead rights, and remains the beneficiary on accounts you haven't changed. Automatic temporary orders in divorce cases may also restrict changes to some assets and beneficiaries, so coordinate with your family law attorney before acting.
Florida powers of attorney
Under § 709.2109, a spouse's authority as agent terminates when either spouse files for dissolution, unless the document says otherwise. Sign a new power of attorney naming someone else so there's no gap.
A checklist
- Sign a new durable power of attorney and health care surrogate
- Sign a new will or trust amendment naming new beneficiaries and fiduciaries (to the extent allowed while the case is pending)
- Review beneficiary designations once the court allows it
- After the final judgment, retitle accounts and deeds and confirm all designations
- If you have minor children, plan how their inheritance will be managed so your former spouse doesn't control it by default
See also changing a life insurance beneficiary in Florida.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
