Florida Statutes

Fla. Stat. § 732.702 (2025)

Waiver of spousal rights.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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732.702 Waiver of spousal rights.—

(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.

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.

Notes of Decisions

Cited in 68 cases (12 in the last 5 years), 1978–2025 · leading case: Taylor v. Taylor, 1 So. 3d 348 (Fla. 1st DCA 2009).

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Taylor v. Taylor, 1 So. 3d 348 (Fla. 1st DCA 2009). · cites it 7× “Our review is guided by section 732.702(1), Florida Statutes (1995), which provides as follows: The right of election of a surviving spouse, the rights of the surviving spouse as intestate successor or as a pretermitted spouse, and the rights of the surviving spouse to…”

Est. of Roberts, 388 So. 2d 216 (Fla. 1980). · cites it 12× “[2] Section 732.702(1) provides in pertinent part: Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a .”

Weintraub v. Weintraub, 417 So. 2d 629 (Fla. 1982). · cites it 8× “On appeal, the district court upheld the trial court ruling, finding that section 732.702, Florida Statutes (1979), which abolished the disclosure requirement in probate proceedings is not applicable to the dissolution process.”

Cuillo v. Cuillo, 621 So. 2d 460 (Fla. 4th DCA 1993). · cites it 7× “That may be true, but two reasons suggest that the statutory and decisional rule is also applicable to dissolution of marriage proceedings: (1) the actual text of section 732.”

Weisfeld-Ladd v. Est. of Ladd, 920 So. 2d 1148 (Fla. 3d DCA 2006). · cites it 5× “The parties agree that section 732.702(1), Florida Statutes (2002), allows an individual, prior to marriage to waive in writing his/her right to an elective share.”

Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007). · cites it 2× “See also § 732.702(1), Fla. Stat. (2006) ("The rights of a surviving spouse to .”

Hartwell v. Blasingame, 564 So. 2d 543 (Fla. 2d DCA 1990). · cites it 5× “Jurmu's surviving spouse, Ivadelle Purdue Jurmu, validly waived her constitutional homestead rights to this house in a prenuptial agreement pursuant to section 732.702, Florida Statutes (1979).”

Stregack v. Moldofsky, 474 So. 2d 206 (Fla. 1985). · cites it 9× “The issue here is whether a surviving spouse may challenge an antenuptial agreement based upon fraudulent nondisclosure of assets by a decedent spouse, in light of section 732.702, Florida Statutes (1983), which requires no disclosure for a valid antenuptial agreement in probate.”

Baker v. Baker, 394 So. 2d 465 (Fla. 4th DCA 1981). · cites it 2× “[3] The standards established in Del Vecchio as they apply to antenuptial agreements have been supplanted by § 732.702, Fla. Stat. (1975). In re Estate of Reed, 354 So.”

In Re Est. of Cleeves, 509 So. 2d 1256 (Fla. 2d DCA 1987). · cites it 3× “§ 732.702, Fla. Stat. (1985). The petition Mrs.”

Topper v. Stewart, 388 So. 2d 1270 (Fla. 3d DCA 1980). · cites it 4× “Sam Liptzen having died in October 1976, we find that Section 732.702, Florida Statutes (1975, effective January 1, 1976) [1] is controlling and, therefore, dispositive of this appeal.”

Nahar v. Nahar, 656 So. 2d 225 (Fla. 3d DCA 1995). · cites it 2× “See also § 732.702, Fla. Stat. (1991). But see Sanchez v.”

Show all 68 citing cases →

— 732.702(1) — 27 cases

Taylor v. Taylor, 1 So. 3d 348 (Fla. 1st DCA 2009). “Our review is guided by section 732.702(1), Florida Statutes (1995), which provides as follows: The right of election of a surviving spouse, the rights of the surviving spouse as intestate successor or as a pretermitted spouse, and the rights of the surviving spouse to…”

Weisfeld-Ladd v. Est. of Ladd, 920 So. 2d 1148 (Fla. 3d DCA 2006). “The parties agree that section 732.702(1), Florida Statutes (2002), allows an individual, prior to marriage to waive in writing his/her right to an elective share.”

Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007). “See also § 732.702(1), Fla. Stat. (2006) ("The rights of a surviving spouse to .”

Hulsh v. Hulsh, 431 So. 2d 658 (Fla. 3d DCA 1983).

Myers v. Lehrer, 671 So. 2d 864 (Fla. 4th DCA 1996).

— 732.702(2) — 27 cases

Est. of Roberts, 388 So. 2d 216 (Fla. 1980). “[2] Section 732.702(1) provides in pertinent part: Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a .”

Cuillo v. Cuillo, 621 So. 2d 460 (Fla. 4th DCA 1993). “That may be true, but two reasons suggest that the statutory and decisional rule is also applicable to dissolution of marriage proceedings: (1) the actual text of section 732.”

Weintraub v. Weintraub, 417 So. 2d 629 (Fla. 1982). “On appeal, the district court upheld the trial court ruling, finding that section 732.702, Florida Statutes (1979), which abolished the disclosure requirement in probate proceedings is not applicable to the dissolution process.”

Hahn v. Hahn, 465 So. 2d 1352 (Fla. 5th DCA 1985).

Critchlow v. Williamson, 450 So. 2d 1153 (Fla. 4th DCA 1984).

— 732.702(a) — 1 case

Albert Ralph Isaacs, Etc. v. Fed. Nat'l Mortg. Ass'n, Etc. (Fla. 3d DCA 2022).

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