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When there is a death during divorce and before the judge can determine an adequate settlement, the surviving spouse must file a “suggestion of death” according to Florida Rule of Civil Procedure 1.260 (a) (1). A suggestion of death informs the Florida courts that one spouse has passed.
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Oct 4, 2018 · What happens in Florida when a party dies during a divorce proceeding? One appellate case considered this year involves that issue where the deceased former wife’s estate appealed an order dismissing her dissolution of marriage case.
- Introduction
- How It Plays Out: Life Insurance Beneficiary Designations
- Example Scenarios
- Law Before Section 732.703
- Licability of Section 732.703(2), Florida Statutes
- Exceptions to Automatic Revocation
- Get More Information About Post-Divorce Designations
- Related Blog Articles
How does divorce affect your beneficiary designation of your ex when you die? Multiple assets covered under Florida’s automatic revocation statute, Section 732.703, Florida Statutes, pass as if your surviving ex-spouse died first.
A former wife named as primary beneficiary on her former husband’s life insurance policy claims benefits. Following their divorce, however, he never changes his beneficiary designation. Relying onSection 732.703, Florida Statutes, the life insurance company may review the insured’s marital status on the death certificate and pay out the proceeds. T...
First Example: Single, Divorced, or Married to Someone Else
The death certificate states the decedent was unmarried at death. Or, it lists the marital status as “Single” or “Divorced” or “Married” (to someone not the ex). Unless a statutory exceptions applies, Section 732.703(5)authorizes paying the secondary designated beneficiary.
Second Example: Insured Decedent Was Married to the Person Designated as Beneficiary
The death certificate states the decedent was married to the spouse named as the primary designated beneficiary. The payor/insurer won’t be liable for paying on account of, or transferring an interest in, the asset to the primary beneficiary.
Third Example: Designation Form Doesn’t State the Relationship With the Beneficiary
Now suppose the governing instrument has a beneficiary designation, but doesn’t specify the relationship between the decedent and named beneficiary. Or, the instrument explicitly provides the beneficiary is not the decedent’s spouse. The payor/insurer can pay on account of, or transfer an interest in, the asset to the named beneficiary.
Florida law voided a provision of a will that affected a decedent’s spouse upon the dissolution of the marriage. The person died but never changed the will following divorce. Florida law treated the former spouse named in the will as if the surviving ex-spouse predeceased the decedent. But the same wasn’t true for non-probate or non-trust assets, s...
Section 732.703(2), Florida Statutesprovides: The amended statute applies to decedents who die after July 1, 2012, regardless of when they made a beneficiary designation. The statute applies to the following assets in which a Florida resident has an interest at death: (a) A life insurance policy, qualified annuity, or other similar tax-deferred con...
As discussed, in Dargan, at the time of divorce, the insured had retained no interest in an asset to which the automatic revocation statute applied. When, however, a decedent has retained an asset at the time of divorce, the statute applies to covered assets, unless an exception to automatic revocation applies. This section discusses these exceptio...
For questions about options for handling beneficiary designations in your Florida Collaborative Divorce, contact Michael P. Sampson.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.902(f)(2) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (02/18) When should this form be used? This form should be used when a Petition for Dissolution of Marriage with Property but no Dependent or Minor Child(ren)
Dec 9, 2021 · Stalking | 12.980 Forms T, U, V Subpoenas 12.911 Forms A - E Summons and Memorandum | 12.910 Forms A - B Supplemental (Modification) Petitions | 12.905 Forms A - C Supporting Documents | 12.980 Forms G - J, M
Jul 20, 2022 · A contested divorce can take months or even years. During that time, whether by natural causes or injury, one of the parties may pass away. What happens to an ongoing divorce when a husband or wife dies? The Florida Family Law Rules of Civil Procedure lay out the rules specifically under the “Death” sub-paragraph:
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Sep 16, 2024 · Family Law Forms. The Florida State Courts System's Self-Help Center page provides family law forms approved by the Florida Supreme Court for self-represented litigants, including the Petition for Dissolution of Marriage. All forms are provided free of charge by the Florida Supreme Court.
