First comes love, then comes marriage, then comes divorce? If you realized that you never should have gotten married before having children, we salute you. However, most people marry, have children, then have an UH-OH moment and divorce.
While in the process of getting divorced, you wish for your future ex-spouse to receive nothing! After all, you feel they don't deserve anything. What more is there to say?
If only you could say to your future ex-spouse, 'no soup for you' when it comes to receiving anything from your estate. If you are proactive and decide to update your estate planning documents while in the midst of the divorce process (which can take months or even years), in the State of Florida you cannot fully disinherit your spouse. The only way to leave your future ex-spouse out of your will and receive nothing is to have signed a valid prenuptial or postnuptial agreement. Otherwise, your spouse is entitled to the 'elective share'.
In Florida, the elective share to which a spouse is entitled comprises an extensive list of types of assets and property, which is detailed in Florida Statute 732.2035. The spouse is entitled to 30% of your estate through the elective share. However, if your spouse is going to take the elective share of your estate, a request must be filed within 6 months of date of service of notice of administration or within 2 years after the date of the decedent's death.
If you are in the process of a divorce it is best to update your estate planning documents as soon as possible. Make sure your soon to be ex-spouse does not benefit more then allowed by the State of Florida. Also, do not forget to change any beneficiary designations that list your spouse to receive on anypay on death accounts (ie. life insurance policy, retirement accounts, investments, etc.)
Once you are officially divorced, do not forget to update your will or trust yet again. You should remove any language regarding your ex-spouse from your will or trust and at this point they no longer have a legal right to receive anything from your estate.
If you live in Miami-Dade, Broward, or Palm Beach county contact an experienced estate-planning attorney at The Hershey Law Firm, in Fort Lauderdale, Florida at (954) 303-9468 to discuss your estate planning needs.
You Can't Predict The Future, But You Can Plan For It!