The Short Answer

In Florida, beneficiary designations (like life insurance, retirement accounts, POD/TOD accounts) generally control who receives those assets at death—often outside of probate and outside the will. However, if the named beneficiary is an ex-spouse, Florida law commonly voids that designation after divorce unless an exception applies.

What Florida Law Says

Many assets pass by contract (beneficiary form) rather than by your will. Florida has a specific “revocation-on-divorce” statute that can automatically cancel an ex-spouse’s beneficiary status for certain nonprobate assets, treating the ex-spouse as if they predeceased the decedent—unless the statute’s exceptions apply (for example, federal preemption, a post-divorce re-designation, or a divorce judgment requiring the benefit).

The Statute

The primary law governing this issue is Fla. Stat. § 732.703.

This statute establishes that a pre-divorce beneficiary designation in favor of a former spouse for covered assets (including many life insurance policies, annuities, retirement accounts, POD accounts, and TOD registrations) is generally void after divorce, and the asset passes as if the former spouse had predeceased the decedent—subject to listed exceptions.

Separately, Florida also voids will provisions benefiting a former spouse upon divorce in many situations. See Fla. Stat. § 732.507(2).

For more background reading, you may also find helpful: How Does Divorce Affect My Estate Plan in Florida? and Do 401(k) and Life Insurance Beneficiary Accounts Avoid Probate in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If benefits are paid quickly to the “wrong” person, the fight may shift into recovery litigation rather than a straightforward claim analysis (and payors can have statutory protections in certain scenarios under Fla. Stat. § 732.703).
• Burden of Proof: You may need to prove whether the designation was made before or after divorce, whether the beneficiary was identified as a “spouse,” and whether a valid court order was served on the payor (issues addressed in Fla. Stat. § 732.703).
• Exceptions: Fla. Stat. § 732.703 contains multiple exceptions—such as when controlling federal law overrides state law, when the divorce judgment requires maintaining the benefit, when the designation is irrevocable, or when the governing instrument is governed by another state’s law.

These disputes can involve large sums and competing claims between family members, an ex-spouse, and the estate. An attorney can evaluate which statute applies, whether an exception controls, and what remedies are realistically available.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.