How to Update Your Estate Plan after a Divorce in Florida

By: Jeffrey Stoll July 9, 2026 1:46 am

Time to read: 6 Minutes

Finalizing your divorce does not automatically update your estate plan. In Florida, divorce revokes certain beneficiary designations and will provisions that name a former spouse, but not all of them, and the rules do not apply uniformly across every asset type. If you do nothing after your divorce is finalized, your former spouse may still inherit accounts, life insurance proceeds, or retirement assets you intended for your children or other family members. This guide explains exactly what Florida law changes automatically, what it does not, and the full list of documents you need to review and update after a divorce.

What Does Florida Law Automatically Change After a Divorce?

Florida Statute Section 732.507(2) provides that any provision in a will that benefits a former spouse is void upon dissolution of the marriage. The former spouse is treated as having predeceased the testator for purposes of those will provisions. Similarly, Florida Statute Section 736.1105 applies the same rule to revocable trust provisions: after a divorce, provisions in a revocable trust that confer a benefit on a former spouse are generally revoked by operation of law.

These automatic revocations are significant but limited. They apply to wills and revocable trusts. They do not apply to beneficiary designations on insurance policies, retirement accounts, or payable-on-death bank accounts, which are governed by federal law or contract rather than Florida probate statutes.

The practical implication: if your will leaves everything to your former spouse and you die before updating it, your former spouse does not inherit under the will. But if your 401(k) still names your former spouse as beneficiary and you die before updating that designation, your former spouse may still receive the retirement funds regardless of what your will says. Federal ERISA law governs employer-sponsored retirement plans, not Florida statute.

Divorce creates an immediate window where your estate plan may not reflect your intentions. Jeffrey Stoll’s office in Plantation helps Broward County residents get their estate plans updated promptly after a divorce. Call (954) 963-1995 or schedule a consultation. The right time to act is before something happens, not after.

What Does Florida Law NOT Automatically Change?

The following asset types and documents are not automatically revised by a Florida divorce, regardless of what Florida Statute Section 732.507(2) says about wills:

• Employer-sponsored retirement accounts (401(k), 403(b), pension plans): Governed by ERISA. The beneficiary designation on file with the plan administrator controls distribution, regardless of divorce. The U.S. Supreme Court confirmed this in Egelhoff v. Egelhoff (2001), where a former spouse received retirement assets because the plan beneficiary designation was never updated.
• IRAs: Florida law does not automatically change IRA beneficiary designations. The account custodian’s form on file governs distribution.
• Life insurance: Governed by the policy contract and Florida Statute Chapter 627. If your former spouse is named beneficiary, the insurance company will pay them unless you update the designation before your death.
• Payable-on-death (POD) bank accounts and transfer-on-death (TOD) brokerage accounts: Governed by contract. The designation on file with the financial institution controls, regardless of your divorce.
• Joint tenancy with right of survivorship: If you and your former spouse hold real property as joint tenants with right of survivorship, divorce converts the ownership to tenancy in common under Florida law, but only if the property is in Florida. Confirm with an attorney how the deed reads and whether a new deed is needed.

Which Documents Must You Update After a Florida Divorce?

A complete post-divorce estate plan review should address every item on this list:

• Will: Even though Florida statute voids spousal provisions after divorce, your will needs to be rewritten to reflect your current wishes, name new beneficiaries, and designate a new personal representative.
• Revocable living trust: Trust provisions benefiting a former spouse are generally revoked under Florida Statute Section 736.1105, but the trust document still names them and may create confusion or disputes during administration. Restate or amend the trust.
• Durable power of attorney: This document authorizes someone to manage your finances if you become incapacitated. If your former spouse is named, that authorization is revoked by Florida Statute Section 709.2109 upon divorce, but you should execute a new document naming your chosen agent immediately.
• Healthcare surrogate designation: Divorce revokes a healthcare surrogate appointment naming a former spouse under Florida Statute Section 765.104. Execute a new designation immediately.
• Living will and advance directive: Review and update to confirm the designated agent and instructions still reflect your intentions.
• Beneficiary designations: 401(k), 403(b), IRA, pension, life insurance, annuities, POD bank accounts, TOD brokerage accounts. Update each one directly with the relevant administrator or institution.
• Homestead deed: If you received the marital home in the divorce and the deed still names your former spouse, a new deed is required. For homestead property in Florida, specific rules apply to how the property can be transferred and devised. An attorney should review the deed language.
• Minor children’s guardian nomination: If you have minor children and did not previously nominate a guardian in your will, now is the time. Florida courts give significant weight to a parent’s written guardian nomination in the will.

How Do You Update Beneficiary Designations?

Updating a beneficiary designation requires contacting each financial institution or plan administrator directly. There is no single form or centralized process. The steps are:

• Request the change-of-beneficiary form from each institution: plan administrator for employer retirement plans, IRA custodian, insurance company, bank, or brokerage.
• Complete the form designating your new primary and contingent beneficiaries.
• Submit the completed form and retain a copy with confirmation from the institution that it has been processed.

One common mistake is naming minor children directly as beneficiaries on life insurance or retirement accounts. Minor children cannot legally receive assets directly under Florida law. If a minor is named and no trust or guardian of property has been designated, the court will appoint a guardian of property, which is a costly and time-consuming process. The better approach is to designate a trust for the benefit of the children, with a trustee you designate, as the beneficiary.

If you do not currently have a trust in place, understanding the difference between a will and a trust and whether a trust makes sense for your post-divorce situation is an important early step in updating your plan.

Beneficiary designation errors are among the most common and costly post-divorce estate planning mistakes. Jeffrey Stoll’s Plantation office helps clients in Broward County build post-divorce estate plans that work correctly from the start. Call (954) 963-1995 today.

What Happens to a Trust After Divorce in Florida?

Florida Statute Section 736.1105 generally revokes provisions in a revocable trust that confer a benefit on a former spouse after dissolution of the marriage, treating the former spouse as having predeceased the settlor for those provisions. The trust itself remains valid; only the spousal provisions are revoked.

In practice, this means the trust may now pass assets to contingent beneficiaries named in the trust, which may or may not reflect your current wishes. If the trust named your former spouse as primary beneficiary with your children as contingent beneficiaries, the children will now be the beneficiaries. But if the trust had no other named beneficiaries, the assets may fall into the residue of your estate and pass under your will, or if your will also has no effective beneficiary, into intestacy.

After a divorce, revocable trusts should be restated rather than patched with amendments. A full restatement creates a clean, current document that clearly reflects your post-divorce intentions, names correct trustees and successor trustees, and does not leave a former spouse named anywhere in the document even if the statutory revocation makes those provisions void. Trust restatements also address the reality that your financial picture has likely changed significantly through the divorce: assets have been divided, accounts have been retitled, and the trust may need to be refunded with newly acquired assets.

What Happens to Your Will After Divorce in Florida?

As noted above, Florida Statute Section 732.507(2) voids any will provision that benefits a former spouse upon dissolution of marriage. The former spouse is treated as having predeceased you for purposes of those provisions, and the remaining provisions of the will remain valid.

Relying on the statute alone creates several problems. First, your former spouse is still named throughout the document as beneficiary, as personal representative, or both, and this can create confusion during estate administration. Second, if the statute voids the spousal provisions, assets may pass to contingent beneficiaries or through intestacy, which may not reflect your current intentions. Third, if you have remarried or have new family relationships you want to incorporate, those are not addressed by a statutory revocation.

A new will after divorce should designate a new personal representative, name updated beneficiaries, address guardianship for minor children, and coordinate with any revocable trust. If you are unsure whether a will alone is sufficient or whether your assets and family structure warrant a trust, our post on whether you need a trust if you already have a will in Florida addresses that question directly.

Do You Need a New Power of Attorney and Healthcare Surrogate?

Yes. Even though Florida statutes automatically revoke durable power of attorney and healthcare surrogate designations naming a former spouse upon divorce, you should execute new documents immediately. Operating without a valid durable power of attorney means that if you become incapacitated before executing a new one, a court-supervised guardianship proceeding may be required to appoint someone to manage your finances and healthcare decisions. This process is costly, public, and time-consuming.

Choose your agent carefully. Many people name a sibling, adult child, or trusted friend. The agent under a durable power of attorney has broad authority to act on your behalf financially. The healthcare surrogate has authority to make medical decisions if you cannot. These roles require someone you trust completely and who has the practical capacity to act on your behalf.

How Soon After Divorce Should You Update Your Estate Plan?

Immediately. There is no grace period. The automatic statutory revocations that Florida law provides protect you in some situations, but they do not protect you for retirement accounts, insurance policies, bank POD designations, or brokerage TOD designations, which are the assets most likely to be the largest in your estate.

The period between when your divorce is finalized and when your new estate plan is in place is a window of genuine legal and financial risk. If you become incapacitated during that window without a valid power of attorney and healthcare surrogate in place naming someone you trust, the consequences are significant. If you die with unupdated beneficiary designations, your former spouse may receive assets intended for your children.

An experienced estate planning attorney can produce a complete post-divorce estate plan update (new will, trust restatement if applicable, new powers of attorney, and healthcare documents) within a few weeks of receiving the necessary information. Beneficiary designation update forms can be submitted concurrently. The process does not take long; the risk of delay far exceeds the inconvenience of acting promptly.

Ready to update your estate plan following your divorce? Jeffrey Stoll’s Plantation office serves clients throughout Broward County. Whether you need a new will, a restated trust, updated powers of attorney, or guidance on beneficiary designations, the first consultation is the right place to start. Call (954) 963-1995 or contact us online. Protect your family now, not later.

Summary

• Florida Statute Section 732.507(2) automatically voids will provisions benefiting a former spouse after divorce; Section 736.1105 applies the same rule to revocable trusts. Neither applies to retirement accounts, life insurance, or payable-on-death accounts.
• Employer-sponsored retirement plans (401(k), 403(b)) are governed by ERISA, which overrides Florida law. Beneficiary designations must be updated directly with each plan administrator.
• A complete post-divorce estate plan update includes: new will, restated trust, new durable power of attorney, new healthcare surrogate, updated beneficiary designations on all financial accounts and insurance, and review of homestead deed language.
• Do not name minor children directly as beneficiaries on retirement accounts or life insurance. Name a trust for their benefit instead to avoid a court-supervised guardianship of property.
• Execute new power of attorney and healthcare surrogate documents immediately after divorce. The statutory revocations Florida provides are not a substitute for having valid documents in place.
• Act immediately after your divorce is finalized. There is no grace period, and the window between finalization and a completed estate plan update carries real risk.

Frequently Asked Questions

Does my divorce automatically update my beneficiary designations in Florida?

No. Florida law automatically voids will and revocable trust provisions benefiting a former spouse, but it does not change beneficiary designations on retirement accounts, life insurance, IRAs, or payable-on-death bank accounts. Each of those must be updated directly with the relevant institution. Federal law governs employer-sponsored retirement plans, and the beneficiary designation on file with the plan administrator controls distribution regardless of what Florida law says about wills.

What happens if I die without updating my will after a divorce in Florida?

Under Florida Statute Section 732.507(2), provisions in your will that benefit your former spouse are void. Your former spouse is treated as having predeceased you for those provisions. Assets that would have passed to your former spouse will instead pass to any named contingent beneficiaries, through the residuary clause of your will, or through intestacy if no effective beneficiary exists. The result may not reflect your current intentions, which is why drafting a new will promptly is advisable.

Can my former spouse still receive my 401(k) if I forgot to update the beneficiary after divorce?

Yes, potentially. ERISA, the federal law governing employer-sponsored retirement plans, generally requires plan administrators to pay benefits according to the beneficiary designation on file. The U.S. Supreme Court confirmed in Egelhoff v. Egelhoff (2001) that ERISA preempts state law in this area, meaning a Florida divorce judgment does not automatically redirect 401(k) proceeds. Update the beneficiary designation directly with your plan administrator immediately after your divorce is finalized.

Do I need a completely new trust, or can I amend my existing trust after a divorce?

For most post-divorce situations, a full trust restatement is preferable to a series of amendments. A restated trust creates a clean, current document that eliminates all references to your former spouse, clearly reflects your updated wishes, names your chosen trustees and beneficiaries, and avoids a document full of amended provisions that are harder to administer. Amendments are appropriate for targeted changes; a divorce typically warrants a comprehensive review and restatement.

How long does it take to update an estate plan after divorce in Florida?

An experienced estate planning attorney can typically produce a complete post-divorce estate plan (new will, restated trust if applicable, new durable power of attorney, and healthcare surrogate) within two to four weeks of receiving the necessary information. Beneficiary designation updates on financial accounts and insurance policies can be submitted concurrently. The process is straightforward; the risk of delay is not.