Florida Statutes § 732.507
Effect of subsequent marriage, birth, adoption, or dissolution of marriage
Watch Matt Weidner explain this section1 video · 1 article from Weidner LawJump to commentary ▾- (1)Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.
- (2)Any provision of a will that affects the testator’s spouse is void upon dissolution of the marriage of the testator and the spouse, whether the marriage occurred before or after the execution of such will. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage.
- (a)Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.
- (b)This subsection does not invalidate a provision of a will: 1. Executed by the testator after the dissolution of the marriage; 2. If there is a specific intention to the contrary stated in the will; or 3. If the dissolution of marriage judgment expressly provides otherwise.
- (a)
- (3)This section applies to wills of decedents who die on or after June 29, 2021.
History
History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 90-23; s. 45, ch. 2001-226; s. 14, ch. 2007-74; ss. 2, 45, ch. 2021-183.
Commentary from Matt Weidner
Probate attorney, Weidner Law, St. Petersburg. Videos open in a player; articles open on WeidnerLaw.com.
Does Getting Divorced Cancel My Will in Florida?
Divorce revokes provisions in a will favoring a former spouse under Florida Statute § 732.507 — but does not revoke the entire will. Attorney Weidner explains what changes and what doesn’t when you divorce in Florida, and why beneficiary designations require separate attention.