Divorce can complicate even the best estate plan, especially when a revocable living trust is involved. In Florida, these trusts are often used to manage assets, avoid probate, and plan for the future.
But when a marriage ends, the trust may need serious updates. From removing an ex-spouse as a trustee to making sure the right people inherit your assets, it’s important to understand how state law treats these documents after divorce.
In Florida, a revocable trust created during marriage can be treated as a marital asset, especially if it was funded with joint money or property. Under Florida Statute § 61.075, the court may divide the trust as part of the divorce, just like other shared property. However, if the trust was created before marriage or funded with separate assets, it might remain nonmarital, unless it was mixed with marital funds.
This matters when it comes to dividing the trust’s contents. The court looks at when and how the trust was funded, not just whose name is on it.
Once a divorce is finalized, Florida law, specifically § 732.507(2), automatically removes your ex-spouse as a trustee, beneficiary, or appointee unless the trust says otherwise. But that automatic change only kicks in after the divorce is final. If something happens to you during the divorce, and the trust isn’t updated, your ex might still receive part of your estate.
To stay protected, you should revise your trust as early in the process as possible. Remove your ex-spouse, name a new successor trustee, and adjust how your assets will be distributed.
If you already have a revocable trust, don’t assume it will update itself. You’ll need to:
At Schnauss Naugle Law, we work with clients across Florida to update their estate plans after major life changes like divorce. If you’re unsure what to do with your revocable trust, contact us today to get started with a clear, effective plan.
