Love, Divorce & Estate Planning

Life has seasons.

We fall in love, we marry, we raise families.

Sometimes we divorce.

Sometimes we remarry.

Sometimes we get “bonus children” and become a stepparent.

Each of these milestones brings changes - not just to your day-to-day life, but also to your estate plan.

Many people don’t realize that major life changes can undo (or complicate) even the best-laid estate plans. For example:

• Marriage: A new spouse may automatically inherit certain rights under Florida law, even if your documents say otherwise.

• Divorce: In Florida, a divorce usually revokes provisions in your will or trust that benefit your ex. But what about your beneficiary designations on retirement accounts or life insurance policies? Those don’t always update automatically!

• Remarriage: If you you’re your new spouse have children from a prior relationship, remarriage can create tension over “who gets what.” Without clear planning, you may unintentionally disinherit your kids, your new spouse, or your stepchildren. Blended families are common but require special considerations.

Recently, we were presented with this scenario: An unmarried person passed away. They had divorced nearly 20 years earlier but never updated their life insurance beneficiary to name someone other than the former spouse.

What happens now?

Florida law says that “if your ex-spouse is listed as a beneficiary, that designation is automatically revoked once the divorce is final.”

If there had been a contingent beneficiary, the policy would have paid to them. However, there was no contingent beneficiary named, so the policy will pay out to their estate instead - which means that probate will be required.

In Florida, probate ranges between approximately $5,000 and $10,000 at a minimum and takes about a year to complete. Depending on complexity, value of the assets, and whether your estate becomes “contested” (whether your loved ones argue) those figures can increase even more.

What’s more, probate adds an administrative burden to those left behind.

Some employer-provided or federally regulated policies (like FEGLI, ERISA-governed plans, or military insurance) don’t always follow state revocation rules. In those cases, the insurance company may still pay your ex if you never update your paperwork.

Probably not the outcome you had in mind.

Another unique challenge often presents itself upon remarriage.

Blended families often have needs that won’t be solved with a “simple will.”

The key is balancing the needs of a surviving spouse with the rights of children from prior relationships.

The solution is simple but often overlooked: review and update your plan whenever you experience a major life event.

That means:

• Updating your will or trust.
• Updating all beneficiary designations.
• Considering prenuptial or postnuptial agreements if remarriage is on the horizon.

When we plan thoughtfully, intentionally, and in advance, we can protect our loved ones in ways that are simply not possible after the fact. Clear, customized planning helps avoid conflict and ensures everyone is cared for. 

Love changes things. Divorce changes things. Life changes and evolves, and our estate plans do, too.

Don’t let outdated documents impact your legacy.

Amanda “Update Your Estate Plan as Life Evolves” Lynch Elliott