The Short Answer

In Florida, a divorce can automatically void certain estate-plan provisions that benefit your former spouse—especially in your will, revocable trust, and many beneficiary designations. But it does not automatically “fix” everything, and some assets and court-ordered obligations can still pass to an ex-spouse unless your plan is properly updated.

What Florida Law Says

Florida has “revocation-upon-divorce” rules that treat many gifts and appointments to a former spouse as void once the marriage is judicially dissolved (or declared invalid). The practical effect is often that your ex-spouse is treated as if they predeceased you for those provisions—so the asset may pass to a contingent beneficiary or under default terms.

The Statute

The primary law governing this issue is Fla. Stat. § 732.703.

This statute generally makes a pre-divorce beneficiary designation in favor of a former spouse void for many non-probate transfers (such as certain life insurance, retirement accounts, POD accounts, and TOD registrations), so the asset passes as if the former spouse had died before you—subject to important exceptions (including federal law and divorce-judgment requirements).

Florida law also addresses divorce and your core estate planning documents:

• Wills: Fla. Stat. § 732.507(2) provides that any will provision affecting a spouse is void upon dissolution, and the will is construed as if the spouse died at the time of dissolution (with limited exceptions).
• Revocable trusts: Fla. Stat. § 736.1105(2) similarly voids provisions of a revocable trust that affect the settlor’s spouse upon dissolution, generally construing the trust as if the spouse died at dissolution (with limited exceptions).

If you’re trying to understand how beneficiary designations interact with probate, you may also find this helpful: POD/TOD designations vs. what your will says and what happens when a 401(k) pays beneficiaries outside probate.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific estate plan is rarely simple. Legal outcomes often depend on:

• Strict timing rules: These protections generally turn on whether the marriage was judicially dissolved before death and whether the designation/document was made before or after the dissolution. A small timing detail can change the result. (See, e.g., Fla. Stat. § 732.507(2)(a) and Fla. Stat. § 736.1105(2)(a).)
• Burden of proof and document interpretation: Whether a provision “affects” a spouse, whether a document shows a “specific intention to the contrary,” and how contingent beneficiaries take can require careful legal reading of your will/trust and account paperwork.
• Exceptions and conflicts: Divorce judgments can require maintaining insurance or retirement beneficiaries; some assets are governed by federal law; and some instruments may be governed by another state’s law. These exceptions are explicitly recognized in Fla. Stat. § 732.703(4).

Trying to handle this alone can lead to unintended beneficiaries, family disputes, or expensive litigation after a death—especially when beneficiary designations, trusts, and divorce orders don’t line up.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.