During Divorce

If a spouse dies while divorce is pending, the surviving spouse will inherit through the deceased spouse’s will. If there is no will, the surviving spouse will inherit all of the estate if there are no children and at least half if there are children. Therefore, when you decide on divorce, it is necessary to amend or create a will to minimize the amount your spouse would inherit. Also, the law does not provide for private contracts such as life insurance. You will need to make sure you change any beneficiary designations naming your spouse.

Unfortunately, it will not be possible to completely disinherit your spouse until the divorce is complete. Under Florida Law, a surviving spouse is entitled to a life estate in the primary residence of the deceased spouse and can claim up to thirty percent of the value of the spouse’s total estate. The surviving spouse’s rights are not affected while a divorce is pending, only upon its completion. Furthermore, these rights can only be waived by a pre or postnuptial agreement. The matter gets a little more complicated if you have children.

Do you have children?