Does your ex-spouse still inherit from your Will in Florida?

If you write your will during your marriage, odds are, you are leaving some of your assets to your spouse in the Will. What happens if you write your Will while you are married, you are leaving property to your spouse, you divorce, and you do not update your Will before your death? Does your ex-spouse stand to inherit the assets identified in your Will?

If you divorce, unless your Will provides otherwise, all the provisions of your Will that apply to your ex-spouse become void, including bequests or fiduciary appointments (i.e., your spouse was appointed executor/personal representative). If you divorce, the default in Florida is that your ex-spouse will be treated as if your ex-spouse had pre-deceased you at the time of divorce for purposes of your will. See Florida Statute §732.507.