Florida Statute 732.507

“Effect of subsequent marriage, birth, adoption, or dissolution of marriage”

What it means

Subsequent marriage, birth, or adoption does not revoke a prior will. The pretermitted child or spouse inherits as set out in §§ 732.301 and 732.302, regardless of the prior will. (§ 732.507(1))

On dissolution of the marriage, any provision of a will that affects the testator's spouse is void, whether the marriage occurred before or after the will was executed, and the will is construed as if the spouse died at the time of the dissolution. Dissolution occurs when the marriage is judicially dissolved or declared invalid by court order. (§ 732.507(2))

The rule does not invalidate a provision that was executed after the dissolution, that is subject to a specific contrary intention stated in the will, or where the dissolution judgment expressly provides otherwise. (§ 732.507(2)(b)) The section applies to wills of decedents who die on or after June 29, 2021. (§ 732.507(3))

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 732.507.

History. s. 1, ch. 74-106; s. 113, ch. 75-220; s. 3, ch. 90-23; s. 45, ch. 2001-226; s. 14, ch. 2007-74; ss. 2, 45, ch. 2021-183.

How it applies

The two subsections work differently. Subsection (1) leaves the will in place and adds a statutory share for an omitted spouse or child under §§ 732.301 and 732.302, subject to the exceptions stated there, for example provision made by prenuptial or postnuptial agreement or an omission shown in the will to be intentional. Subsection (2) voids only provisions that affect the former spouse; the section does not void other provisions. The trigger in subsection (2) is a court order that dissolves the marriage or declares it invalid, as paragraph (a) provides.

Where this shows up

Pages on this site where § 732.507 does real work:

• Will vs. trust in Florida: what each does, how each is signed and what each avoids
• When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
• Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
• Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
• Will contest in Florida: grounds, deadlines and the 3-month objection period
• Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
• Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
• Pretermitted spouse and child in Florida: the share owed when a will predates a marriage or birth
• Out-of-state wills in Florida: validity, moving to Florida and probate steps
• Charles Dickens

Related sections

Questions people ask

Sources

• Fla. Stat. § 732.507 (2026), Online Sunshine / Florida Senate (Subsection (2): Any provision of a will that affects the testator’s spouse is void upon dissolution of the marriage)
• Fla. Stat. § 732.301 (2026), Online Sunshine / Florida Senate (Pretermitted spouse: the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate)
• Fla. Stat. § 732.302 (2026), Online Sunshine / Florida Senate (Pretermitted children: the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate)

Last checked: October 17, 2026