Florida Probate Law: Pretermitted Spouse

A Pretermitted Spouse is when a person marries after making a Will and the spouse survives the Testator. The surviving spouse receives a share in the estate of the Testator equal in value to that which the surviving spouse would have received if the Testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the Will;

(3) The Will discloses an intention not to make provision for the spouse.