Divorced in Florida? Don’t Forget to Update Your Beneficiaries
- twarnock16
- Jun 25, 2025
- 3 min read
A Critical Step to Protect Your Assets and Your Intentions
Divorce is a major life event that brings with it a long list of changes—emotionally, legally, and financially. In the midst of finalizing agreements and adjusting to a new chapter, one step is often overlooked but absolutely crucial: updating your beneficiary designations. If you were recently divorced in Florida, it’s essential to review and revise your estate plan to reflect your new circumstances—and to make sure your assets don’t end up in the wrong hands.
Why Beneficiary Designations Matter More Than You Think
Many people assume that a divorce decree automatically removes an ex-spouse from receiving assets, but that’s not always the case—especially when it comes to non-probate assets like:
Life insurance policies
Retirement accounts (IRAs, 401(k)s, pensions)
Payable-on-death (POD) or transfer-on-death (TOD) bank accounts
Brokerage accounts
Annuities
These assets pass directly to the named beneficiary—regardless of what your will or trust says. If your ex is still listed, they could legally inherit the asset, even if you no longer have a relationship.
What Florida Law Says About Ex-Spouses
Florida law does provide some protection. Under Florida law, many beneficiary designations made prior to a divorce are automatically revoked once the divorce is final. However, this only applies to certain types of contracts and doesn’t cover all financial institutions or account types. Even when revocation is automatic under law, relying on that alone can create confusion, delays, or litigation for your beneficiaries.
To avoid costly mistakes, it’s always best to update the beneficiary designation directly with the financial institution. It’s fast, easy, and removes any ambiguity.
Don’t Forget to Update These Documents Too
After a divorce, your entire estate plan should be reviewed. In addition to beneficiary designations, you’ll want to:
Update your will and trust to remove your ex-spouse if you no longer want them to serve as a personal representative or receive any portion of your estate.
Reassign power of attorney and health care surrogate roles, as you likely don’t want your ex making financial or medical decisions for you.
Review guardianship nominations if you have minor children and named your former spouse as a back-up guardian or trustee.
Retitle jointly owned property or accounts, and ensure real estate is correctly divided and recorded.
What If You Still Want Your Ex-Spouse to Inherit Something?
If you do want to leave something to your former spouse (perhaps due to an amicable relationship or for your children’s benefit), you must reaffirm that intention in your estate documents after the divorce. Florida law presumes you intended to revoke any pre-divorce gifts or appointments unless clearly restated post-divorce.
Final Thoughts
Divorce changes your life—and your estate plan should reflect that. Failing to update beneficiary designations and related documents can result in unintended inheritances, legal challenges, and heartache for your loved ones. Taking time now to review your plan is a simple but powerful way to protect your future.
At The Warnock Law Group, we help individuals throughout Florida navigate post-divorce estate planning with clarity and compassion. Whether you're newly divorced or years removed, we’ll help you update your plan to reflect your current wishes and safeguard your legacy.
Contact us today to schedule a review of your estate plan.
For a free consultation or for further help with the process please contact us at:
(239) 437-1197
6843 Porto Fino Cir,
Fort Myers, FL 33912, USA
Comments