Estate Planning and Wills After Divorce: What Florida Residents Should Know

Why Estate Planning Changes After Divorce

A divorce changes more than your marital status—it can also reshape your financial and legal future. Many people overlook how divorce affects estate planning documents such as wills, trusts, and beneficiary designations. Without making updates, your ex-spouse could unintentionally remain in control of your estate or assets after your death.

Florida law automatically removes an ex-spouse from certain roles—like executor or trustee—after a divorce. However, not every account or designation is automatically updated. Reviewing all estate planning documents ensures that your assets are distributed according to your current wishes.

Revising Your Will

If your will was created while married, it’s important to revise it immediately after your divorce is finalized. While Florida law generally revokes provisions that favor an ex-spouse, relying on automatic revocation can lead to confusion, delays, or unintended consequences.

When updating your will:

• Appoint new beneficiaries to replace your former spouse.
• Designate a new personal representative (executor) to manage your estate.
• Review guardianship provisions if you have minor children.

If your ex-spouse was listed as guardian, the court may still consider them unless an alternate guardian is named. Keeping your will current prevents future disputes and ensures your wishes are clearly defined.

Updating Beneficiary Designations

One of the most common post-divorce oversights involves beneficiary designations on life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts. These accounts typically bypass probate and transfer directly to the named beneficiary—regardless of what your will says.

Florida law automatically revokes designations to an ex-spouse for some accounts, but not all. For example:

• 401(k) and IRA accounts governed by federal law may still honor the listed beneficiary unless changed manually.
• Life insurance and annuity contracts may require direct notification to update beneficiaries.
• Payable-on-death accounts may not automatically change unless you contact your bank.

To prevent unintended transfers, review and update all designations as soon as possible.

Powers of Attorney and Health Care Directives

If your former spouse was listed as your power of attorney or health care surrogate, those authorizations are typically revoked once your divorce is finalized. Still, it’s critical to name new individuals to handle financial or medical decisions if you become incapacitated.

Consider:

• Financial Power of Attorney: Authorizes someone to manage your finances if you’re unable.
• Health Care Surrogate: Grants authority to make medical decisions on your behalf.
• Living Will: Expresses your wishes for end-of-life care.

Without updating these documents, you could be left without a trusted decision-maker when it matters most.

Protecting Assets for Children

For parents, divorce introduces new estate planning considerations. Many choose to create or update a revocable living trust to protect assets for their children’s future. This allows you to name a trusted trustee—someone other than your ex-spouse—to manage funds responsibly.

Trusts also help control when and how children receive their inheritance, preventing mismanagement or premature access to large sums of money.

Reviewing with an Attorney

Estate planning after divorce isn’t a one-time task—it’s an ongoing process that should be revisited whenever your family or financial circumstances change. A Florida estate planning attorney can help ensure all documents comply with state law and accurately reflect your post-divorce goals.

Taking the time to update your estate plan provides peace of mind that your assets will go where you intend, your children will be protected, and your legacy will remain secure.