What are the beneficiary designation rules in Florida?

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death (Fla. Stat. § 732.703; § 732.802; § 222.21(2)(a), (2)(c)). These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Does divorce revoke beneficiary designations in Florida?

Yes. Florida automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities (Fla. Stat. § 732.703). However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Are Beneficiary Designations Protected in Florida?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

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This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-07-13

Frequently Asked Questions

Beneficiary designations on life insurance, retirement accounts, POD bank accounts, and TOD brokerage accounts determine who receives those assets at death. These designations override the terms of a will or trust. Outdated designations remain in effect regardless of other estate planning documents.

Yes. Florida automatically revokes an ex-spouse as beneficiary upon divorce for the following asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities. However, ERISA-governed employer plans such as 401(k)s and pensions are subject to federal law and must be updated manually regardless of state rules.

Yes. Florida provides full statutory protection for inherited IRAs from creditors. After the Supreme Court's Clark v. Rameker (2014) decision ruled inherited IRAs are not protected under federal bankruptcy law, state-level protections became the primary shield.

Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for employer-sponsored plans such as 401(k)s, pensions, and group life insurance. Even if Florida automatically revokes an ex-spouse upon divorce, ERISA-governed plans follow the designation on file with the plan administrator. The Supreme Court confirmed this in Egelhoff v. Egelhoff (2001) and Kennedy v. Plan Administrator (2009).

When no valid beneficiary designation exists, the asset typically passes to the account holder's estate and is distributed through probate under Florida's intestacy laws. This can result in delays, additional costs, and the assets going to someone other than the intended recipient. See who inherits with the Florida inheritance calculator.

No. Florida does not default to per stirpes for beneficiary designations. If a named beneficiary dies before the account holder, the share typically lapses unless the designation explicitly includes per stirpes language or names contingent beneficiaries.

Beneficiary Rules in Florida

Divorce in Florida triggers automatic revocation of ex-spouse beneficiary designations (Yes). Federal ERISA plans are exempt from this rule, so 401(k)s and employer pensions require a manual change. The life insurance calculator recalculates coverage needs after a divorce.

Florida is not a community property state, so spousal consent for beneficiary changes on state-governed accounts is generally not required. However, federal ERISA rules still require spousal consent for qualified retirement plans such as 401(k)s and pensions. The inheritance calculator shows how Florida divides assets when no valid designation exists.

Florida provides Full creditor protection creditor protection for inherited IRAs. State law varies widely on this issue since the Supreme Court's 2014 Clark v. Rameker decision.

The per stirpes default in Florida is No. Per stirpes means that if a named beneficiary dies before the account holder, the share passes to that beneficiary's descendants. Without per stirpes language or contingent beneficiaries, a lapsed designation routes assets to the estate. The Florida life insurance calculator estimates coverage based on current family needs.

SimplyTrust Editorial·Updated July 13, 2026

Legal Sources

Data sourced from Florida statutes and official state code. How we research.

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