The Short Answer

In Florida, a surviving spouse’s right to a family allowance generally does not turn on “abandonment” the way it may in some other states. Instead, the most common challenges are whether you are legally the surviving spouse, whether the decedent was domiciled in Florida, and whether you waived spousal rights in a valid agreement.

That said, if other heirs are accusing you of abandonment or separation-related misconduct, you should be prepared to document the relationship history—because probate disputes often become fact-intensive quickly.

What Florida Law Says

Florida provides a statutory “family allowance” intended to help maintain the surviving spouse (and certain dependent lineal heirs) during the administration of the estate. The court decides what amount is reasonable and may order payment in a lump sum or installments, up to a statutory cap.

The Statute

The primary law governing this issue is Fla. Stat. § 732.403.

This statute establishes that, if the decedent was domiciled in Florida at death, the surviving spouse (and certain dependent lineal heirs) are entitled to a reasonable allowance from the estate for maintenance during administration, up to $18,000.

Also important: a surviving spouse can lose (or limit) allowance rights if they were waived in a valid prenuptial/postnuptial agreement or marital settlement agreement. See Fla. Stat. § 732.702.

Why You Should Speak with an Attorney

Even though Florida’s family allowance statute does not use “abandonment” as a simple checkbox, disputes often arise when other beneficiaries argue you should receive less (or nothing) based on the real-life separation history, financial circumstances, or alleged waivers. Legal outcomes often depend on:

• Strict Deadlines: Family allowance is a court-ordered benefit during administration; timing and notice issues can affect whether you receive meaningful relief while the case is pending.
• Burden of Proof: If someone claims you waived spousal rights, the wording, execution formalities, and enforceability of the agreement can become the central fight under Fla. Stat. § 732.702.
• Exceptions and Related Claims: Family allowance often overlaps with other spousal rights (like elective share). Strategic decisions in one area can affect leverage and outcomes in another.

In practice, the “evidence” that matters is usually evidence that (1) you are the lawful surviving spouse, (2) there was no valid waiver, and (3) the requested amount is reasonable. Helpful categories of documentation often include: marriage certificate; proof no divorce was finalized; any prenup/postnup or marital settlement agreement; records showing shared finances or support; communications showing the nature of the separation (if any); and proof of current living expenses and needs relevant to a “reasonable” allowance.

If you want more background on related spousal rights issues, you may also find these helpful: elective share claims and defenses in Florida probate and how Florida values assets for elective share purposes.

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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.