Florida Statute 732.703
“Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death”
What it means
Section 732.703(2) voids a designation made by or on behalf of the decedent that provides for payment or transfer at death of an interest in an asset to or for the benefit of the decedent's former spouse. It is void as of the time the marriage was judicially dissolved or declared invalid by court order before the decedent's death, if the designation was made before the dissolution or order. The interest passes as if the former spouse predeceased the decedent.
Under subsection (3), the assets covered are those in which a Florida resident has an interest at death: life insurance, qualified annuities, and similar contracts held within an employee benefit plan; employee benefit plans; IRAs under s. 408 or 408A of the Internal Revenue Code; payable-on-death accounts; transfer-on-death accounts and securities; and life insurance, annuities, and similar contracts held outside a plan.
Subsection (4) lists exceptions, including where controlling federal law provides otherwise, where a governing instrument signed after the dissolution expressly provides that benefits are payable to the former spouse, and where the decedent remarries the same person. Subsections (5) to (7) address payor liability.
- A designation of the former spouse made before the dissolution or invalidity order is void as of that order (§ 732.703(2)).
- The asset passes as if the former spouse predeceased the decedent (§ 732.703(2)).
- Covered assets include life insurance, annuities, employee benefit plans, IRAs under IRC §§ 408 and 408A, POD accounts, and TOD accounts (§ 732.703(3)).
- Does not apply to the extent controlling federal law provides otherwise (§ 732.703(4)(a)).
- Does not apply to an instrument signed after the dissolution that expressly provides benefits are payable to the former spouse (§ 732.703(4)(b)).
- Other exceptions include survivorship co-owned assets, remarriage to the same person, chapter 121 plans, and instruments governed by another state's law (§ 732.703(4)(g)-(j)).
Text of the statute (2026)
(2) A designation made by or on behalf of the decedent providing for the payment or transfer at death of an interest in an asset to or for the benefit of the decedent’s former spouse is void as of the time the decedent’s marriage was judicially dissolved or declared invalid by court order prior to the decedent’s death, if the designation was made prior to the dissolution or court order. The decedent’s interest in the asset shall pass as if the decedent’s former spouse predeceased the decedent. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, or an employee benefit plan, may not be treated as a trust for purposes of this section.
(3) Subsection (2) applies to the following assets in which a resident of this state has an interest at the time of the resident’s death: (a) A life insurance policy, qualified annuity, or other similar tax-deferred contract held within an employee benefit plan. (b) An employee benefit plan. (c) An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, including an individual retirement annuity described in s. 408(b) of the Internal Revenue Code of 1986. (d) A payable-on-death account. (e) A security or other account registered in a transfer-on-death form. (f) A life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account.
(4) Subsection (2) does not apply: (a) To the extent that controlling federal law provides otherwise; (b) If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedent’s former spouse; (c) To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1105 applies; (d) If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist upon the death of the decedent; (e) If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent; (f) If the designation of the decedent’s former spouse as a beneficiary is irrevocable under applicable law; (g) If the governing instrument is governed by the laws of a state other than this state; (h) To an asset held in two or more names as to which the death of one co-owner vests ownership of the asset in the surviving co-owner or co-owners; (i) If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedent’s death; or (j) To state-administered retirement plans under chapter 121.
(9) This section applies to all designations made by or on behalf of decedents dying on or after July 1, 2012, regardless of when the designation was made.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.703.
History. s. 1, ch. 2012-148; s. 6, ch. 2013-172; s. 7, ch. 2021-205.
How it applies
The section operates on the designation. Whether it applies depends on when the designation was made relative to the dissolution, the type of asset, and whether an exception in subsection (4) fits. Subsection (4)(d) and (e) turn on what the dissolution order requires of the decedent. Subsections (5) and (6) limit payor liability for certain payments, and subsection (8) states that the section does not affect ownership of an interest as between the former spouse and any other person entitled to it by operation of the section. Subsection (9) applies the section to decedents dying on or after July 1, 2012.
Where this shows up
Pages on this site where § 732.703 does real work:
- 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
- Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
- Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
- Inheriting an IRA or 401(k) in Florida: the 10-year rule, spouse choices, taxes and probate
- Pretermitted spouse and child in Florida: the share owed when a will predates a marriage or birth
- Whitney Houston
Questions people ask
Sources
- Fla. Stat. § 732.703 (2026) (Entire section: definitions in (1), voiding rule in (2), covered assets in (3), exceptions in (4), payor provisions in (5)-(8), applicability in (9).)
- Fla. Stat. § 732.507 (2026) (Subsection (2), cross-referenced in 732.703(4)(c): effect of dissolution of marriage on a will provision affecting the spouse.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.