Florida Statute 732.702
“Waiver of spousal rights”
What it means
Section 732.702(1) lists the rights of a surviving spouse that may be waived, wholly or partly, before or after marriage: elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, claims under the Florida Uniform Disposition of Community Property Rights at Death Act (ss. 732.216-732.228), and preference in appointment as personal representative of an intestate estate. The waiver must be a written contract, agreement, or waiver signed by the waiving party in the presence of two subscribing witnesses. The witness requirement applies only to waivers signed by Florida residents after the effective date of the law.
Unless the waiver provides otherwise, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement made after or in anticipation of separation, dissolution, or divorce, waives all of those rights and renounces benefits that would otherwise pass by intestacy or under a will executed before the waiver. A nonresident's waiver is valid in Florida if valid where executed.
Subsection (2): each spouse must make a fair disclosure of that spouse's estate if the agreement is executed after marriage; none is required for one executed before marriage. Subsection (3): no consideration beyond executing the agreement is needed.
- Waivable rights include the elective share, intestate share, pretermitted share, homestead, exempt property, and family allowance (§ 732.702(1)).
- Form: a written contract, agreement, or waiver signed by the waiving party in the presence of two subscribing witnesses (§ 732.702(1)).
- A waiver of “all rights,” or equivalent language, waives the full list unless the waiver provides to the contrary (§ 732.702(1)).
- A nonresident's waiver is valid in Florida if valid under the law where it was executed (§ 732.702(1)).
- Fair disclosure of each spouse's estate is required if the agreement is executed after marriage; none is required before marriage (§ 732.702(2)).
- No consideration other than executing the agreement is necessary for validity (§ 732.702(3)).
Text of the statute (2026)
(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.
(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.
(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.702.
History. s. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226; s. 10, ch. 2024-238.
How it applies
A written waiver, if one exists, is the document that determines whether a spouse's right in the list can be asserted. Its wording sets the scope: a waiver of “all rights” or equivalent language waives the full list in subsection (1) unless the waiver provides otherwise. For an agreement signed after marriage, subsection (2) requires each spouse to make a fair disclosure of that spouse's estate. For one signed before marriage, no disclosure is required. Under subsection (3), no consideration beyond executing the agreement is needed.
Where this shows up
Pages on this site where § 732.702 does real work:
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- What Florida homestead protects: tax exemption, creditor protection and inheritance rules
- 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
- Family allowance and exempt property in Florida: amounts, eligibility and deadlines
- Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
- 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
- Anna Nicole Smith
- Barbara Hutton
Questions people ask
Sources
- Fla. Stat. § 732.702 (2026) (Entire section: subsections (1)-(3).)
- Fla. Stat. § 732.216 (2026) (Cross-referenced in subsection (1) (ss. 732.216-732.228, community property rights at death). Not summarized here.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.