What Happens to an Estranged Spouse’s Estate If the Divorce Was Not Final?
Under Florida law, divorce automatically terminates most of a person’s rights with respect to their former spouse’s estate planning. For example, a divorce revokes any provision of a will or trust leaving an interest to an ex-spouse. The same would apply for any beneficiary designation on a life insurance policy or retirement account, unless the terms of the divorce itself direct otherwise.
Widow Claims Control of Late Husband’s Estate Following Alleged Murder-for-Hire Plot
What if a divorce is still pending when one spouse dies? In most cases, absent a final judgment dissolving the marriage, the parties are still considered legally married for purposes of probate and inheritance. In other words, if you file for divorce, and your spouse dies while the case is still pending, you can still inherit under the terms of their will or according to Florida intestacy law.
An ongoing situation in Coral Gables offered a dramatic illustration of this principle. On July 16, 2024, a prominent South Florida real estate developer shot and killed himself. At the time, agents with the Federal Bureau of Investigation were preparing to arrest the developer on charges that he made multiple attempts to hire individuals to kill his estranged wife. The wife previously filed for divorce in April 2022, and the case remained pending at the time of the husband’s death. The husband steadfastly denied these allegations prior to his suicide, and his attorneys continue to maintain his innocence.
The wife’s attorney also told the press that her husband’s death now makes her the “sole owner of their development firm,” which some estimates value upwards of $360 million. The husband did leave a will naming his brother as the personal representative for his probate estate and trustee of his trust. Neither the brother nor his legal counsel have publicly commented on the probate of this writing.
As far as Florida law goes, if there is no final judgment in a divorce case and one of the parties dies, the case is usually dismissed after the surviving spouse files a “suggestion of death” with the court. At that point, any marital assets would be subject to distribution through the probate of the deceased spouse’s estate. The surviving spouse would have the same rights under Florida inheritance laws as if the divorce case never happened.
It is also worth noting that nothing in Florida law prohibits a person from amending their will or trust during a pending divorce to exclude their soon-to-be-former spouse. But such an action would not deprive a spouse of their constitutional or legal inheritance rights, such as a spouse’s right to claim an elective share of the estate, until the divorce judgment itself is final.
Contact a Florida Estate and Trust Litigation Attorney Today
An aborted divorce is just one of many potential legal complications that can arise when administering a Florida estate or trust. If you are involved in a similar situation and need legal representation from a qualified Pompano Beach estate and trust litigation lawyer, contact the offices of Mark R. Manceri, P.A., today to schedule a consultation.
