Divorce can be one of the most emotional and life-altering events a person experiences. In the aftermath, many people focus on custody, property division, and starting fresh—but forget to update their will & estate plan. In Florida, updating your will after a divorce is a critical step to ensure your assets and wishes reflect your new circumstances.
Here’s what Florida residents need to know about revising their will after a divorce.
Florida Law Automatically Revokes Some Provisions
Florida Statute §732.507(2) provides that, upon divorce, any provisions in a will that name the former spouse as a beneficiary or fiduciary (such as personal representative) are automatically void. This means your ex-spouse will no longer inherit from your estate or serve in any official capacity unless you explicitly state otherwise after the divorce is finalized.
However, automatic revocation doesn’t mean your will is up to date. Failing to actively revise your estate plan can still create confusion, delays, or unintended consequences for your loved ones.
Why You Should Still Update Your Will
Even though Florida law removes your ex from certain roles in your will, it’s still essential to formally update your estate documents. Here’s why:
- Backup beneficiaries may be outdated or no longer appropriate.
- Guardianship nominations for minor children may need to change.
- You may want to restructure your asset distribution, especially if your financial situation changed after the divorce.
- Out-of-state property or joint assets might still list your ex as a beneficiary or co-owner.
- Your executor or personal representative may need to be replaced.
Simply relying on automatic revocation laws can lead to misinterpretation and potential legal challenges after your death.
Consider Other Estate Planning Documents
Updating your will is just one piece of the puzzle. Florida residents should also review and, if needed, revise these related documents after a divorce:
- Revocable Living Trust: If your trust names your ex-spouse as a beneficiary or trustee, those provisions may not be automatically voided.
- Powers of Attorney: Revoke any durable power of attorney that gives your ex-spouse authority over your financial or medical decisions.
- Living Will & Healthcare Surrogate: Ensure your healthcare wishes are respected by appointing someone you trust now.
Update Beneficiary Designations Separately
Not all assets pass through your will. Life insurance policies, retirement accounts, and payable-on-death bank accounts are governed by beneficiary designations—not your will.
Florida courts do not automatically void beneficiary designations unless specifically revoked. That means your ex-spouse could still receive those assets unless you change them. Be sure to update:
- Life insurance policies
- IRAs and 401(k)s
- Bank and investment accounts with beneficiary designations
- Annuities
- Pension plans
You may also want to review federal rules for retirement account beneficiary changes after divorce.
Consult a Florida Estate Planning Attorney
Because Florida laws can be complex, it’s best to consult with an experienced estate planning attorney after a divorce. They can review your current documents, explain what needs to be changed, and help you craft a new plan that fits your post-divorce life.
After a divorce, updating your will and other estate planning documents may not be top of mind—but it should be. Taking the time to revise your estate plan ensures your assets go to the right people and that your wishes are carried out properly.
If you’re a Florida resident navigating life after divorce, don’t delay. An updated estate plan is key to protecting your legacy and giving you peace of mind.
This article is intended to provide general guidance. For specific guidance regarding estate planning, we recommend consulting with Attorney O’ Connor.
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Attorney O’Connor has extensive experience with estate planning and probate law and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
