Florida Statute 732.507
“Effect of subsequent marriage, birth, adoption, or dissolution of marriage”
What it means
Life changes after a will is signed, and this section sorts out which ones rewrite it. A later marriage, birth, or adoption does not revoke an existing will — instead, the new spouse or child takes a pretermitted share under §§732.301 and 732.302.
Divorce is different and automatic: on dissolution of the marriage, every provision of the will that benefits the former spouse becomes void, and the will is read as if the ex-spouse had died at the moment of dissolution. It doesn't matter whether the will predates or postdates the marriage. Narrow exceptions apply if the will was made after the divorce, says otherwise, or the divorce judgment says otherwise.
- A later marriage, birth, or adoption does not revoke the will — the omitted spouse or child takes a pretermitted share (§§732.301, 732.302).
- On dissolution of marriage, all provisions favoring the ex-spouse are void.
- The will is then read as if the former spouse died at the time of the dissolution.
- Applies whether the marriage came before or after the will was signed.
- Exceptions: a will made after the divorce, or contrary intent in the will or the divorce judgment.
How it plays out
Two traps live in this section. The first is the client who divorces and assumes the whole will is dead — it isn't; only the gifts to the ex drop out, and the rest stands. The second is the opposite: someone who separates, thinks they're 'basically divorced,' and dies still legally married — separation does nothing here, only a final judgment of dissolution triggers §732.507(2). We tell people the same thing either way: a divorce is the moment to sign a new will, not to assume the old one sorted itself out.
Where this shows up
Pages on this site where § 732.507 does real work: