Last Updated: December, 2025

In Florida, divorce can significantly impact your estate plan.

Whether you live in the busy streets of Miami, the scenic shores of Fort Lauderdale, or one of the family-friendly neighborhoods in Orlando, you must update your estate plan after a divorce to reflect your new circumstances

Key Takeaways
● This article provides general educational information under Florida law

● Estate and business planning decisions require individualized strategy

● Planning is about clarity and control — not just documents

● Legal guidance is provided through attorney-led strategy sessions

If you recently went through a divorce, you likely need to update your will, trust, and other estate planning documents. Divorce is the perfect time to review and revise these documents, especially regarding who will inherit your property or care for your children.

Why You Should Update Your Estate Plan After Divorce in Florida

• Spouse’s Rights: In Florida, if you don’t revise your estate plan, your ex-spouse may still be entitled to inheritance under your will, unless you take action. This can include assets like real estate in cities such as Miami or Boca Raton, retirement accounts, and life insurance benefits.
• Guardianship Decisions: If you have children, your will should also be updated to reflect a new guardian or to ensure that your ex-spouse isn’t named as the guardian.
• Trust Adjustments: If you set up a trust for your family, the divorce might necessitate revising or even creating a new trust to ensure your assets are distributed according to your new wishes.

Steps to Update Your Estate Plan in Florida:

• Update Your Will and Trusts: Make sure your new estate plan reflects your wishes after the divorce, particularly if you need to remove your ex-spouse from receiving any assets or acting as a guardian.
• Review Beneficiary Designations: Be sure to check the beneficiary designations on life insurance policies, retirement accounts, and other financial documents. You might want to remove your ex-spouse as the beneficiary and designate a trusted family member or friend instead.
• Consult with an Estate Planning Attorney in Florida: Estate planning laws vary by state, so it’s important to consult with a Florida attorney who is familiar with divorce and estate law in cities like Fort Lauderdale or Orlando.

Your estate plan should reflect your current family situation. Don’t wait to make necessary changes—contact an estate planning attorney in Florida to ensure your estate plan is updated after your divorce.

Attorney Sonia Muñoz Gallagher works with Florida families, business
owners, and medical professionals to provide strategic legal guidance
designed to prevent crisis-driven decisions and unnecessary court
involvement.

Want clarity before making decisions?
Attend a free estate planning or business planning webinar hosted by Attorney Sonia Muñoz Gallagher.
👉 Register here

Read: What Happens to My Assets if I Die Without a Will in Florida?