Fla. Stat. 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.Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.This subsection does not invalidate a provision of a revocable trust:
Executed by the settlor after the dissolution of the marriage;
If there is a specific intention to the contrary stated in the revocable trust; or
If the dissolution of marriage judgment expressly provides otherwise.

(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:Executed by the settlor after the dissolution of the marriage;If there is a specific intention to the contrary stated in the revocable trust; orIf the dissolution of marriage judgment expressly provides otherwise.
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.

Source: Section 736.1105 — Effect of subsequent marriage, birth, adoption, or dissolution of marriage, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­1105 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.1105. Effect of subsequent marriage, birth, adoption, or dissolution of marriage's source at flsenate​.gov