Florida Statute 732.702 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.702

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.

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Amendments to 732.702

Arrestable Offenses / Crimes under Fla. Stat. 732.702

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.702.

Annotations, Discussions, Cases:

Cases Citing Statute 732.702

Total Results: 20

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-07-03

Snippet: 4015, Fla. Stat. Devise of homestead. § 732.702, Fla. Stat. Waiver of spousal rights. § 732

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

Snippet: spouse’s homestead rights as required by section 732.702, Florida Statutes (2002). Doris and James Hawthorn

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

Court: District Court of Appeal of Florida | Date Filed: 2023-04-12

Snippet: spouse’s homestead rights as required by section 732.702, Florida Statutes (2002). Doris and James Hawthorn

ALBERT RALPH ISAACS, etc. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-12-14

Snippet: 9 section 732.702(a), Florida Statutes, there is no reason to prohibit

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

Snippet: legislative enactment and judicial imprimatur. See § 732.702(1), Fla. Stat. (2022); see also City Nat’l Bank

RICHARD MERLI v. DONNA MERLI

Court: District Court of Appeal of Florida | Date Filed: 2022-01-05

Snippet: complete property settlement pursuant to section 732.702, Florida Statutes (2019); (2) alternatively, by

ARLENE PARIS v. APRIL NELLE JOSEPH

Court: District Court of Appeal of Florida | Date Filed: 2021-11-17

Snippet: the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of Florida’s

ARLENE PARIS v. APRIL NELLE JOSEPH

Court: District Court of Appeal of Florida | Date Filed: 2021-09-01

Snippet: the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of Florida’s

Sudman v. O'Brien

Court: District Court of Appeal of Florida | Date Filed: 2017-05-05

Citation: 218 So. 3d 986, 2017 WL 1829479, 2017 Fla. App. LEXIS 6337

Snippet: share by signing a prenuptial agreement. See § 732.702(1). The trustee then served on Sudman two requests

Dr. Ross G. Stone v. Nancy Stone and Alma Stone

Court: District Court of Appeal of Florida | Date Filed: 2014-11-12

Citation: 157 So. 3d 295, 2014 Fla. App. LEXIS 18431

Snippet: the presence of two subscribing witnesses.” § 732.702(1), Fla. Stat. (2011). Further, “[ujnless the waiver

Friscia v. Friscia

Court: District Court of Appeal of Florida | Date Filed: 2014-08-27

Citation: 161 So. 3d 513, 2014 Fla. App. LEXIS 13251, 2014 WL 4212689

Snippet: of two subscribing witnesses. See § 732.702(1). Furthermore, language waiving “all rights”

Steffens v. Evans

Court: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 70 So. 3d 758, 2011 Fla. App. LEXIS 15750, 2011 WL 4577938

Snippet: is to be broadly construed pursuant to Section 732.702, Florida Statutes. Following Jeffrey's death,

Foster v. Estate of Gomes

Court: District Court of Appeal of Florida | Date Filed: 2010-01-29

Citation: 27 So. 3d 145, 2010 Fla. App. LEXIS 559, 2010 WL 322170

Snippet: the petition for elective share, citing section 732.702(1), Florida Statutes (2006), and the antenuptial

Zivitz v. Zivitz

Court: District Court of Appeal of Florida | Date Filed: 2009-05-22

Citation: 16 So. 3d 841, 2009 Fla. App. LEXIS 5870, 2009 WL 1424067

Snippet: 2d DCA 1990) (holding that pursuant to section 732.702(1), Florida Statutes, a surviving spouse can waive

Taylor v. Taylor

Court: District Court of Appeal of Florida | Date Filed: 2009-01-28

Citation: 1 So. 3d 348, 2009 Fla. App. LEXIS 565, 2009 WL 186155

Snippet: surviving spouses. Our review is guided by section 732.702(1), Florida Statutes (1995), which provides as

Chames v. DeMayo

Court: Supreme Court of Florida | Date Filed: 2007-12-20

Citation: 972 So. 2d 850, 2007 WL 4440212

Snippet: spouse's waiver of that restriction. See also § 732.702(1), Fla. Stat. (2006) ("The rights of a surviving

Weisfeld-Ladd v. Estate of Ladd

Court: District Court of Appeal of Florida | Date Filed: 2006-02-01

Citation: 920 So. 2d 1148, 2006 WL 231481

Snippet: property" and that "[p]ursuant to Florida Statutes 732.702, said Prenuptial Agreement operates as a waiver

Dienstag v. Dienstag

Court: District Court of Appeal of Florida | Date Filed: 2003-09-03

Citation: 864 So. 2d 9, 2003 Fla. App. LEXIS 13192, 2003 WL 22047614

Snippet: husband’s worth prior to signing the document. See § 732.702(2) Fla. Stat. (2003); Estate of Roberts v. Roberts

Myers v. Lehrer

Court: District Court of Appeal of Florida | Date Filed: 1996-04-17

Citation: 671 So. 2d 864, 1996 WL 179971

Snippet: City Nat'l Bank v. Tescher, 578 So.2d at 703; § 732.702(1), Fla.Stat. (1995); cf. Monks v. Smith, 609 So

Nahar v. Nahar

Court: District Court of Appeal of Florida | Date Filed: 1995-06-07

Citation: 656 So. 2d 225, 1995 WL 335389

Snippet: (Second), Conflict of Laws, § 98 (1988). See also § 732.702, Fla. Stat. (1991). But see Sanchez v. Sanchez