Florida Statutes

Fla. Stat. § 732.507 (2025)

Effect of subsequent marriage, birth, adoption, or dissolution of marriage.

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732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—

(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will.

(2) Any provision of a will that affects the testator’s spouse is void upon dissolution of the marriage of the testator and the spouse, whether the marriage occurred before or after the execution of such will. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage.

(a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.

(b) This subsection does not invalidate a provision of a will:

1. Executed by the testator after the dissolution of the marriage;

2. If there is a specific intention to the contrary stated in the will; or

3. If the dissolution of marriage judgment expressly provides otherwise.

(3) This section applies to wills of decedents who die on or after June 29, 2021.

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.

Note.—Created from former ss. 731.10, 731.101, 731.11.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1981–2024 · leading case: Gordon v. Fishman, 253 So. 3d 1218 (Fla. 2d DCA 2018).

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Gordon v. Fishman, 253 So. 3d 1218 (Fla. 2d DCA 2018). · cites it 24× “Because section 732.507(2), Florida Statutes (2015), does not apply to the facts of this case, we reverse and remand.”

Carroll v. Israelson, 169 So. 3d 239 (Fla. 4th DCA 2015). · cites it 10× “We reverse the order of the circuit court because it was contrary to section 732.507(2), Florida Statutes (2012).”

Luszcz v. Lavoie, 787 So. 2d 245 (Fla. 2d DCA 2001). · cites it 4× “NOTES [1] The trial court aptly noted that it made no ruling on the liability, if any, of the guardian for failing to review the wife's IRA and change the beneficiary, as that issue was not before the court. [2] We note that although the Florida Legislature has declared that a…”

Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016). · cites it 2× “1105, and the Florida Probate Code likewise contains a statute voiding will provisions affecting a testator’s spouse upon the dissolution of marriage, § 732.507(2), Fla. Stat. (2015), the legislature has not enacted a similar statute voiding irrevocable trust provisions…”

Crescenze v. Bothe, 4 So. 3d 31 (Fla. 2d DCA 2009). · cites it 2× “The decedent and Hansen subsequently divorced, and the decedent died seven days later on March 22, 2006, making the bequest to Hansen in the will void pursuant to section 732.507(2), Florida Statutes (2005).”

Hansen v. Bothe, 10 So. 3d 213 (Fla. 2d DCA 2009). · cites it 2× “The decedent and Hansen subsequently divorced, and the decedent died seven days later on March 22, 2006, making the bequest to Hansen in the will void pursuant to section 732.507(2), Florida Statutes (2005).”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.”

Est. of Ganier v. Est. of Ganier, 418 So. 2d 256 (Fla. 1982). “Section 732.507(1) provides: "Neither subsequent marriage nor subsequent marriage and birth or adoption of lineal descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 732.507 Effect of subsequent marriage, birth, or dissolution of marriage.”

Silvia Gordon v. Robert Fishman, as Pers. Rep. (Fla. 2d DCA 2018). · cites it 23× “Because section 732.507(2), Florida Statutes (2015), does not apply to the facts of this case, we reverse and remand.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 732.507 Effect of subsequent marriage, birth, or dissolution of marriage.”

Show all 23 citing cases →

— 732.507(1) — 1 case

— 732.507(2) — 11 cases

Gordon v. Fishman, 253 So. 3d 1218 (Fla. 2d DCA 2018). “Because section 732.507(2), Florida Statutes (2015), does not apply to the facts of this case, we reverse and remand.”

Carroll v. Israelson, 169 So. 3d 239 (Fla. 4th DCA 2015). “We reverse the order of the circuit court because it was contrary to section 732.507(2), Florida Statutes (2012).”

Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016). “1105, and the Florida Probate Code likewise contains a statute voiding will provisions affecting a testator’s spouse upon the dissolution of marriage, § 732.507(2), Fla. Stat. (2015), the legislature has not enacted a similar statute voiding irrevocable trust provisions…”

Luszcz v. Lavoie, 787 So. 2d 245 (Fla. 2d DCA 2001). “NOTES [1] The trial court aptly noted that it made no ruling on the liability, if any, of the guardian for failing to review the wife's IRA and change the beneficiary, as that issue was not before the court. [2] We note that although the Florida Legislature has declared that a…”

Crescenze v. Bothe, 4 So. 3d 31 (Fla. 2d DCA 2009). “The decedent and Hansen subsequently divorced, and the decedent died seven days later on March 22, 2006, making the bequest to Hansen in the will void pursuant to section 732.507(2), Florida Statutes (2005).”

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