Florida Statutes
Fla. Stat. § 736.1105 (2025)
Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person.
(2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before or after the execution of such revocable trust. Upon dissolution of marriage, the revocable trust shall be construed as if the spouse had 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 revocable trust:
1. Executed by the settlor after the dissolution of the marriage;
2. If there is a specific intention to the contrary stated in the revocable trust; or
3. If the dissolution of marriage judgment expressly provides otherwise.
(3) This section applies to revocable trusts of decedents who die on or after June 29, 2021.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2016–2021 · leading case: Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016).
Nelson v. Nelson, 206 So. 3d 818 (Fla. 2d DCA 2016). “Although the Florida Trust Code contains a statute voiding revocable trust provisions affecting a settlor’s spouse upon the dissolution of marriage, § 736.1105, and the Florida Probate Code likewise contains a statute voiding will provisions affecting a testator’s spouse upon…”
Czerniewski v. Keppel (D. Nev. 2021). “” Fla. Stat. § 736.1105 ; see also Fla. Stat.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.