What Is a Pretermitted Spouse and Exceptions to the Rule

Life changes, such as marriages, are times when it is important to update estate documents. If this doesn’t happen, it can complicate estate matters. For example, the Florida estate concept of a pretermitted spouse could arise. This legal term refers to a husband or wife who was not included in their spouse’s will because the marriage occurred after the Will was created.

Should you be in a situation where there are questions about what you are entitled to as a surviving spouse, connect with a Pompano Beach estate litigation lawyer.

Defining a Pretermitted Spouse

In simple terms, a pretermitted spouse is someone who married the deceased person after the deceased had already made a Will, and the Will was never updated to include the new spouse. Because Florida law recognizes that most people would not intentionally leave their spouse out of their estate plans, the law provides protections for pretermitted spouses to ensure they are not unfairly disinherited.

Under Florida Statute, a pretermitted spouse is generally entitled to the same portion of the estate that they would have received if their spouse had died without a Will, unless specific exceptions apply. This typically means the surviving spouse is entitled to an intestate share, which could be a significant part of the estate depending on whether the deceased had children or other surviving relatives.

There are, however, important exceptions. A spouse is not entitled to a share as a pretermitted spouse if:

• The Will shows an intentional omission. If the language of the will clearly states that the testator intended not to provide for a future spouse, that intent will generally be respected.
• A valid waiver exists. In cases where a prenuptial or postnuptial agreement was signed, the spouse may have waived their right to claim a share of the estate.

Disputes involving pretermitted spouses are not uncommon. Other heirs or beneficiaries might challenge a surviving spouse’s claim, arguing that an exception applies.

Why This Matters in Estate Litigation

These conflicts can become emotionally charged and legally complex, especially when family relationships, business assets, or blended family dynamics are involved. An experienced Pompano Beach estate litigation lawyer can help navigate these issues, reviewing the Will, examining evidence of the deceased’s intent, and ensuring that all applicable Florida laws are properly applied.

For individuals creating or updating their estate plans, it’s crucial to revisit wills and trusts after major life events. Doing so can prevent confusion and conflict later on. And for surviving spouses who believe they’ve been unintentionally left out, understanding the protections provided is the first step toward ensuring fair treatment.

Are you a surviving spouse? When seeking your rightful share of a contested estate, work with the knowledgeable estate attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation to learn more.