When it comes to divorce, the process can be complicated and emotionally challenging, especially when it comes to the division of assets. In Florida, it is important to understand how divorce impacts inheritance rights.


Inheritance rights are complex, and can be even more complicated when a divorce is involved. In Florida, inheritance rights are determined by the state’s intestacy laws. These laws determine who is entitled to a deceased person’s property if they did not have a will. In most cases, the surviving spouse will receive the majority of the deceased person’s estate.


However, if the couple is going through a divorce or have already been divorced, the surviving spouse will no longer be entitled to any of the deceased’s assets. Instead, the estate will go to the deceased’s children, or if there are no children, it will go to the deceased’s parents. This means that if the couple are in the middle of a divorce, any assets acquired during the marriage will likely be divided between the divorcing spouses.


It is important to note that if the deceased had an estate plan in place, such as a will or trust, then the inheritance rights may not change in the event of a divorce. In these cases, the estate will be distributed according to the estate plan.


Navigating these laws can be difficult, especially when a divorce is involved. If you are considering a divorce in Florida and have questions about how it might impact inheritance rights, it is important to speak with an experienced Miami divorce lawyer. A knowledgeable attorney can provide you with the guidance you need to protect your interests and ensure that your assets are divided in accordance with the law.



To learn more about Rafool, PLLC, including our team of Miami FL divorce attorneys, visit us online or call 305.567.9400.