Divorce is a good reason to review your estate plan, and some decisions deserve attention as soon as a case begins. Florida law can change the effect of provisions involving a spouse or former spouse, but the rules differ among wills, trusts, beneficiary designations and decision-making documents. Review them alongside the divorce judgment, settlement and any temporary orders before making changes.
Under current Florida law, provisions in a will affecting a spouse generally become void when the marriage is judicially dissolved or declared invalid, whether the marriage occurred before or after execution. Exceptions include provisions executed after dissolution, a specific contrary intention in the will or an express provision in the judgment. Related rules apply to revocable trusts. These statutory defaults do not replace a complete review of your intended plan.
- Review Your Will: Update the intended beneficiaries and nominate an appropriate personal representative and backups. Review any trust provisions and the people who will manage property for children. The court, rather than the will alone, appoints a personal representative.
- Review Beneficiary Forms: Florida law revokes certain former-spouse designations, with significant exceptions. Federal law governing some employer retirement and benefit plans can control over state rules. Check each account, policy, plan document, court order and any required consent; do not assume every designation changed automatically or that every change is permitted.
- Review Financial and Health Care Authority: Unless the power of attorney provides otherwise, a spouse-agent’s authority generally ends when an action for dissolution, annulment or legal separation is filed. Health care surrogate designations follow a different rule: dissolution or annulment generally revokes the former spouse’s designation unless the directive or court order provides otherwise. Review successors, communicate appropriate changes and provide current documents to the institutions and providers that need them.
- Review Trusts and Plans for Children: Determine which trust terms can lawfully be changed and whether the divorce documents impose continuing obligations. Guardian nominations do not override a surviving parent’s applicable rights or court authority. Verras Law does not accept guardianship matters; we coordinate with trusted colleagues when clients need that representation.
- Coordinate Property Titles: Review deeds, account ownership, mortgages and required transfers under the settlement and judgment. A change in title does not by itself release a borrower from a loan obligation. Obtain the required approvals and confirm that the intended transaction is completed.
- Revisit Tax Planning: Your tax situation may change significantly after a divorce. You may want to consult with a tax professional to understand any new tax implications and adjust your estate plan accordingly.
- Consider New Estate Planning Needs: Your financial situation may have changed after your divorce. Different estate strategies may be needed as a result. For example, if you have received a substantial amount from a divorce settlement, you might need new or additional estate planning tools to manage these assets effectively.
A Coordinated Review
A coordinated review can help you put dependable decision-makers and clear inheritance directions in place for the next stage of life. Spiro Verras can work with your family-law and financial advisers on the estate-planning questions. Consultations are available in Palm Harbor or by Zoom, with Tampa and St. Petersburg consultation locations available by appointment.
Sources: Florida Statutes §§ 732.507 and 732.703; Florida Statutes § 736.1105; Florida Statutes § 709.2109; Florida Statutes § 765.104.
Updated October 26, 2026.