Can You Disinherit a Spouse in Florida? Understanding the Elective Share

By: Hillary A. Kessler, Esq.

Many people believe a will is absolute, that if you leave someone out, they simply get nothing. When it comes to a surviving spouse in Florida, that assumption is often wrong.

The Right That Exists Outside the Will

Florida law provides a surviving spouse with a right commonly called the elective share, allowing them to claim a portion of the estate regardless of what the will says. This protection generally applies whether the couple was close, distant, or barely speaking, as long as they remained legally married.

Estrangement Alone Doesn't Erase These Rights

A common misconception is that years of separation or a lack of contact changes a spouse's legal entitlement. In general, it does not. Legal marital status, not the closeness of the relationship, tends to be the deciding factor.

What Can Actually Limit a Spouse's Share

Two things generally change this picture: a valid prenuptial or postnuptial agreement in which the spouse waived these rights, or a divorce that was actually finalized before death. Informal separation, no matter how long, is generally not the same as either of these.

Why Families Get Blindsided

Beneficiaries who expected an estranged spouse to receive nothing are often caught off guard when that is not how the law treats the situation. Sorting this out early, before assumptions turn into conflict, tends to save families real time and stress.

Reach out to BGV LAW PLLC if your estate involves a spouse who was separated, estranged, or otherwise expected to be excluded. We can review the specific facts with you.

DISCLAIMER: While this post is intended to provide valuable and useful information, it should in no way be construed or interpreted as legal advice. Should you have any specific questions or otherwise be interested in obtaining assistance with your pending legal matters, please contact the law offices of BGV, as our attorneys and staff are ready and able to assist.