In Florida, what happens to a designation in a will for a former spouse after a divorce?

In Florida, when a couple divorces, designations in a will that name a former spouse as a beneficiary generally become void. This is particularly relevant for assets that transfer upon death, such as life insurance policies and retirement accounts. The Florida Probate Code stipulates that any provisions in a will that designate a former spouse as a beneficiary are invalidated by the dissolution of marriage.

This law is intended to prevent a situation where a person unintentionally benefits their former spouse through their estate planning, contradicting the intent that a divorce typically conveys. Thus, the law ensures that any such designations regarding life insurance or other benefits are no longer enforceable, which provides clarity and upholds the common understanding that former spouses should not inherit from each other following a divorce.

While there may be exceptions where a divorce decree could specify that a former spouse should still receive benefits, this is not the general rule concerning designations in wills. Therefore, the particular focus here on life insurance effectively captures the essence of how these designations change following a divorce.