Divorce and Your Last Will

When you make your last will and testament, you’re thinking about what you will give to those you leave behind. Spouses and children are the most common beneficiaries of wills. But what happens when you get a divorce? You may feel that your former spouse no longer has any entitlement to your property. But do you have to go in to make a whole new will to remove them as beneficiaries? In Florida (and many other states), the short answer is: no.

If you are going through a divorce and are wondering how this will affect your will, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A., by calling 561-353-2800 today

Wills and Florida Law

Florida has a statute in its probate code which covers just such instances. Under the law, after the dissolution of a marriage, the part of the will which concerns a divorced spouse becomes null and void. The will is construed as though the former spouse was deceased.

To put that simply, the former spouse is automatically considered out of the will. The only way for the former spouse to be granted anything from the will is if the will or the terms of the divorce specifically acknowledge that the former spouse is entitled to an item.

Contact Us

If you have any questions about how your divorce will affect your will in regards to your former spouse, contact the West Palm Beach divorce lawyer, Eric Klein, of Eric N. Klein & Associates, P.A., today by calling 561-353-2800.