What Should I Know About Estate Planning During a Divorce in Florida?

Divorce does not only dissolve your marriage—it also fundamentally changes your legal and financial obligations. In Florida, once a Final Judgment of Dissolution of Marriage is entered, you should just not assume your prior estate planning documents are still valid. In fact, many provisions of Florida law revoke or modify estate planning documents automatically upon the finalization of a divorce. But not everything is covered, and failing to update your estate plan can expose your children and other intended beneficiaries to unnecessary disputes.

If you live in Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, or Venice, Florida, understanding how the Florida Probate Code, Florida Trust Code, and Florida Family Law Statutes interact after divorce is essential. Below, our Bradenton, Lakewood Ranch, Sarasota, and  Venice, Florida divorce lawyer explains the most important issues you should know about.

Florida Statutes That Control Estate Planning During and After Divorce

Several Florida laws directly address how divorce affects wills, trusts, and beneficiary designations:

• Florida Statutes § 732.507(2): Any provision in a will that affects a former spouse is void upon the entry of a Final Judgment of divorce, as if the former spouse predeceased the testator. This means if your ex-spouse was set to inherit under your will, they are automatically removed once the divorce is completely final.
• Florida Statutes § 736.1105: Similar to wills, this provision in the Florida Trust Code voids any trust provisions that benefit a former spouse once divorce is completely final.
• Florida Statutes § 732.703: This statute addresses beneficiary designations for non-probate assets such as life insurance, payable-on-death accounts, retirement plans, and annuities. In general, an ex-spouse is treated as having predeceased the account holder. However, there are exceptions, particularly where federal law preempts state law (e.g., certain ERISA-governed retirement plans).

These statutes protect you to some extent, but they are not comprehensive. You must still affirmatively update your estate plan to reflect your current wishes.

Revising Your Will Before, During, or After a Divorce

Although Florida Statutes § 732.507(2) revokes gifts to an ex-spouse automatically, you should not rely on that statute alone. It is always better practice to execute a new will before your divorce.

A new will allows you to:

• Appoint a new personal representative (executor). Under Florida Statutes § 733.303, your ex-spouse is no longer qualified to serve after the Final Judgment of Dissolution of Marriage has been filed in your divorce

Revising Your Trust Before, During, or After a Divorce

Many Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, and Venice, Florida residents use revocable living trusts as the core of their estate planning. Florida Statutes § 736.1105 will revoke provisions benefiting your former spouse when your divorce is completed , but again, you should not depend solely on automatic statutory provisions.

In particular, you should:

• Remove your former spouse as trustee or successor trustee.
• Update your list of trust beneficiaries.
• Modify any provisions tied to your divorce settlement, such as obligations for property transfers if completing your estate planning after your divorce.

If you have minor children, you may also want to use a trust to manage any inheritance they receive. This can ensure their financial needs are met, particularly when child support or alimony obligations are in play.

Beneficiary Designations on Accounts and Policies

One of the most critical but overlooked areas after a divorce involves beneficiary designations. These control how life insurance, retirement accounts, and payable-on-death accounts are distributed.

While Florida Statutes § 732.703 revokes many beneficiary designations to former spouses, exceptions exist. Federal law may override state law, and if your Marital Settlement Agreement requires you to keep your ex-spouse as beneficiary on a life insurance policy for child support or alimony security, you cannot simply change it.

Therefore, it is important to review every account and policy individually ideally before your divorce has been filed, confirm who is listed as beneficiary, and file new designation forms with your financial institutions where appropriate.  If you wait until the divorce has been filed, then you cannot change these beneficiary designations until after the Final Judgment of Dissolution of Marriage has been entered pursuant to the 12^th Judicial Circuit Standing Family Law Order.

Guardianship for Minor Children and for You

If you share children with your former spouse, guardianship planning is critical. Under Florida law, if one parent dies, the surviving parent typically assumes sole parental responsibility, even if divorced. However, if both parents die, the court will look to the Declaration Naming Pre-Need Guardian for Minor Children to determine guardianship preferences.

By naming a Guardian in your Declaration for Pre-Need Guardian for yourself, you provide the court with very strong legal guidance. Without such a designation, the court may appoint a guardian that you do not want for yourself, and/or for your minor children which could lead to future legal disputes.

In Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, and Venice, Florida, where many families relocate from other states, it is also particularly important to have Florida-compliant guardianship provisions in your estate plan in the form of a Declaration Naming Pre-Need Guardian to avoid multi-state jurisdictional conflicts as to who your Guardian or you kid’s Guardian should be.

Durable Powers of Attorney and Health Care Surrogates

Divorce also impacts your Durable Power of Attorney and Designation of Healthcare Surrogate.

• A durable power of attorney grants someone the legal right to manage your financial and legal affairs. If your spouse or ex-spouse remains listed as your Agent, they could retain all financial decision-making authority until you revoke it.
• Under Florida Statutes Chapter 765, you can appoint a healthcare surrogate to make medical decisions if you become incapacitated. Unless you update this designation, your spouse or ex-spouse could still be making your medical decisions, which is rarely desirable before, during, or after divorce.

To prevent this, revoke prior documents and execute new powers of attorney and healthcare directives before you file for divorce.

Child Support and Estate Obligations

Florida law is supposed to take child support obligations seriously. Under Florida Statutes § 61.13, court-ordered child support continues until satisfied. If you pass away, your estate remains responsible for outstanding child support.

Many divorce judgments in Florida require the payor spouse to maintain life insurance to secure child support and/or alimony obligations. This requirement should be reflected in your estate planning documents to avoid enforcement issues.

Failing to address these obligations can result in litigation against your estate and unintended financial hardship for your children and/or other beneficiaries.

Timing for Estate Plan Updates

The best time to revise your estate plan is before you file for divorce.  The 2^nd best time to revise your estate plan is immediately after entry of the Final Judgment of Dissolution of Marriage. However, you should also review your plan whenever:

• You remarry.
• You have additional children.
• Your financial situation changes significantly.
• You acquire new property in Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, Venice or elsewhere in Florida.

Estate planning is a continuing responsibility. Without regular updates, even the best-drafted plan can become outdated and ineffective.

Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, and Venice, Divorce and Estate Planning Lawyer

Divorce fundamentally reshapes your legal and financial responsibilities. While Florida law revokes many provisions that favor an ex-spouse, those protections are not comprehensive. To truly protect yourself, your children, and your assets, you need to actively update your will, trust, durable power of attorney, healthcare surrogate, living will, Declaration Naming  Pre-Need Guardian and other beneficiary designations.

At the Law Offices of Matthew Z. Martell, P.A., we focus on helping clients in Lakewood Ranch, Sarasota, Siesta Key, Longboat Key, Anna Maria Island, Bradenton, Casey Key, Manasota Key, and Venice, Florida address these critical estate planning needs before, during, or in the aftermath of divorce. We can review your existing estate planning documents and prepare a comprehensive non-tax estate plan that complies with Florida law while reflecting your current priorities.

To discuss your options, contact Law Offices of Matthew Z. Martell, P.A. by calling (941) 556-7020 or contacting us online to see if you qualify for a free 15 minute phone consultation. Protect your legal rights and secure your family’s future with guidance from both a trusted Manatee County and Sarasota County estate planning attorney and an experienced Sarasota divorce lawyer.