How Marriage and Divorce Affect Your Florida Estate Plan
Marriage and divorce are transformative life events that require careful consideration of your estate plan. Each represents a shift in your financial and personal circumstances, affecting how your assets are distributed and who has decision-making authority in critical situations. At Brandon Legal Group, we specialize in helping Florida residents navigate these changes to ensure their estate plans reflect their current lives and protect their loved ones.
Your existing estate planning documents may no longer meet your needs after marriage. It’s essential to review and update these documents to avoid unintended consequences and ensure your spouse is appropriately included or excluded based on your wishes.
Wills created before marriage don’t automatically include your new spouse
Powers of attorney remain valid but may need updating
Healthcare directives should be reviewed and revised
Florida law, under Section 732.507 of the Florida Statutes, provides that certain provisions in a will or other estate planning documents benefiting an ex-spouse are automatically revoked upon divorce. However, the law does not cover every scenario, so manual updates are often necessary.
Key Automatic Revocations After Divorce:
Will Provisions Benefiting Your Ex-Spouse:
Any provision in your will that benefits your ex-spouse, such as leaving them assets, is automatically revoked as if your ex-spouse predeceased you.
Trust Provisions Favoring Your Former Spouse:
Florida law typically revokes trust provisions that directly benefit your ex-spouse, but this depends on the type of trust and whether it is revocable or irrevocable.
Powers of Attorney Naming Your Ex-Spouse:
A divorce automatically revokes a power of attorney that designates your ex-spouse as your agent unless otherwise specified.
Healthcare Surrogate Designations:
Divorce revokes the designation of an ex-spouse as a healthcare surrogate or medical decision-maker.
Ex-Spouse’s Rights as Personal Representative:
If your will names your ex-spouse as the personal representative (executor), that designation is revoked by divorce.
What Doesn’t Change Automatically
Despite the automatic revocations, certain aspects of your estate plan will not change without direct action. Failing to address these items can result in unintended consequences for you and your loved ones.
When you marry later in life or after a previous marriage, estate planning becomes even more critical. Blended families present unique challenges, requiring thoughtful strategies to balance the interests of your new spouse with those of children from previous relationships.
Protecting children from previous marriages
Balancing new spouse’s rights with existing family
Managing family heirlooms and inheritances
Addressing complex family dynamics
Planning for multiple generations
A Tale of Two Transitions
Case Studies are purely illustrative, highly relevant, but not actual clients, to fully protect the confidentiality of our clients.
David and Susan both had established estate plans when they married in their 50s. Each had adult children from previous marriages and significant assets. They assumed their existing estate plans would adapt to their new marriage. However, they discovered their old plans didn’t adequately protect each other or their respective children. Through careful planning, we helped them create updated documents that balanced protecting their new spouse while preserving inheritances for their children from previous marriages. Their new plan included marital trusts, clear beneficiary designations, and specific provisions for family heirlooms.
Essential Updates After Marriage
Marriage requires a thorough review of your estate plan to ensure your new spouse’s rights are protected and your wishes are clearly documented. Consider these essential updates:
Review and update your will
Evaluate beneficiary designations
Consider marital property agreements
Update healthcare directives
Review insurance policies
Assess retirement accounts
Update emergency contacts
Review business succession plans
Critical Changes After Divorce
After a divorce, your estate plan must be updated to reflect your new circumstances. Take these critical steps to protect your assets and ensure your wishes are followed:
Create a new will
Update all beneficiary designations
Revise healthcare directives
Change power of attorney appointments
Review and modify trusts
Update business documents
Modify account ownership structures
Special Considerations
Prenuptial and Postnuptial Agreements
These agreements play a significant role in estate planning by clearly defining property rights and inheritance expectations. Properly integrated into your estate plan, they offer clarity and protection for all parties involved.
Defining separate and marital property
Establishing inheritance rights
Limiting elective share claims
Protecting family businesses
Preserving assets for children
Protecting Adult Children
If you have adult children from a previous marriage, specific strategies can help ensure their inheritance and protect family harmony:
Creating separate property trusts
Using life insurance strategically
Documenting gift and loan intentions
Preserving family business interests
Planning for family heirlooms
Frequently Asked Questions
Does getting married automatically invalidate my existing will?
No, but Florida law may give your new spouse rights regardless of your will’s contents. It’s crucial to update your estate plan after marriage to ensure it reflects your current wishes.
What happens to my ex-spouse’s role as my power of attorney after divorce?
Florida law automatically revokes your ex-spouse’s authority under a power of attorney upon divorce. However, you should create new documents to avoid any confusion.
Can my new spouse claim part of my estate even if my will excludes them?
Yes, Florida law provides spouses with certain rights, including the elective share, regardless of will provisions. Proper planning with prenuptial agreements and trusts can help manage these rights.
Should I update my estate plan during divorce proceedings?
Consult with your divorce attorney about timing, but be prepared to update your estate plan immediately once your divorce is final.
Secure Your Future Today
Whether you’re planning a marriage or navigating divorce, your estate plan needs professional attention to ensure it protects your interests and loved ones. At Brandon Legal Group, we help clients understand and address how these life changes affect their estate plans. Contact us to schedule a consultation and ensure your estate plan aligns with your new circumstances.