How a divorce affects your estate plan

Feb 8, 2022 | By: Neil Lyons

Do you have an existing estate plan? Did you recently get a divorce? If yes and yes, it is wise to visit an estate planning attorney.

Typically, estate plans involving spouses include clauses in the will that leave everything to the recently divorced spouse.

Additionally, advanced directives such as a power of attorney and health care surrogate will designate the spouse as financial and health care decision-maker.

However, if you were to die before you change your will, that does not mean your former spouse is going to inherit your estate.

In fact, Florida treats your divorced spouse as having predeceased (died) prior to you. Therefore, they are not eligible to inherit under your will.

Regardless of state law, it is advisable to meet with an estate planning attorney after a significant life change such as divorce. This allows for a review and update of your will and your advanced directives.

Even with a potential fix provided by Florida’s statutes, you should ensure that your estate plan reflects your current life needs, goals, and marital status.

If you’ve experienced any major change in life circumstances, give us a call to discuss your estate plan.