While married, you did everything you were supposed to do to secure your futures: you made sure your estate plan was properly drafted and executed through an experienced  estate planning attorney in Orlando. But then you and your spouse divorced. Does this  divorce  impact your estate plan at all?

It does.

But surprisingly few people after a divorce revisit their estate plans to update them according to their new living situations. It could simply be they are just too busy and the thought never crosses their minds … until it’s too late. Here, we tell you how a divorce makes a difference to your estate plan in Florida and what to do about it.

Four often-used estate planning tools are

Fortunately for you in Florida, you are covered at least to the extent that any term, element, benefit referring to your ex-spouse will become pretty much void after a divorce. To clarify, however, the below statutes only take effect upon the final disposition of the divorce proceedings and not one day sooner.

Florida Stat. § 732.507(2)  covers wills and states that:

Florida Stat. § 736.1105  treats revocable trusts about the same as the will and states that:

Florida Stat. § 709.2109(2)(b)  treats powers-of-attorneys a bit differently. When a principal of a power of attorney divorces the agent, this statute takes effect as soon as the petition for dissolution of a marriage is filed rather than wait until the divorce is final. As such, if you do not have a successor agent named in the power of attorney document, the document is no longer effective.

Florida Stat. § 736.1105  prevents payment or transfer of an interest in an asset upon the death of the ex-spouse, making the asset part of the decedent spouse’s probate estate.

Keep in mind, however, that jointly titled accounts (i.e., joint tenants or tenants in common) are not voided automatically upon dissolution of a marriage.

Now, even though your ex-spouse will likely not benefit from an untimely death after a divorce, you still need to avoid probate and make sure that other aspects of your estate planning will not benefit your former spouse (unless you want it to).

Probate avoidance is likely one of the reasons you initiated estate planning and it will continue to be a reason after a divorce. Making sure your estate planning reflects your new situation may require the help of an experienced estate planning attorney in Orlando, Florida. It would be useful, too, if that same attorney has experience in  Florida family law  generally and divorce specifically. If you have questions,  contact  Veliz Katz Law today.