[FL] Does my late brother’s ex-wife still have rights if she was re-added as beneficiary after the divorce?
My brother recently passed away. His ex-wife seems to have been removed from his 401(k) and 457 accounts during the divorce, but in the last year she was added back on. Is there a waiting period or “date of maturity” for her to receive the benefit in Florida?
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I’m sorry for your loss. There’s no “waiting period”—if the ex-wife was properly re-designated as beneficiary, it’s effective once the plan administrator has the form. These are employer plans, so ERISA (federal law) controls and the administrator must follow the most recent valid designation on file (29 U.S.C. § 1144(a)).
Florida’s automatic revocation statute (voiding an ex-spouse named before divorce) usually doesn’t apply to a beneficiary designation made after the divorce (Fla. Stat. § 732.703).
Key next steps:
- Get official beneficiary forms from each plan administrator (not just the employer).
- Confirm your brother actually signed/dated a post-divorce designation.
- If he had a new spouse at death, check for required spousal consent/waiver.
- Review the divorce decree/QDRO for any terms about these accounts.
If the redesignation was valid and documented, the ex-wife likely has a strong claim. If it was only verbal or improperly processed, you may have grounds to challenge. Does that help?
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My brother recently passed away. His ex-wife seems to have been removed from his 401(k) and 457 accounts during the divorce, but in the last year she was added back on. Is there a waiting period or “date of maturity” for her to receive the benefit in Florida?
Lexi, Chatbot
Did your brother have a will?
No.
Lexi, Chatbot
Do you have any documents showing the beneficiary changes?
No—just verbal information from his employer.
Lexi, Chatbot
Anything else we should know?
Yes.
Randy M.
I’m sorry for your loss. There’s no “waiting period”—if the ex-wife was properly re-designated as beneficiary, it’s effective once the plan administrator has the form. These are employer plans, so ERISA (federal law) controls and the administrator must follow the most recent valid designation on file (29 U.S.C. § 1144(a)).
Florida’s automatic revocation statute (voiding an ex-spouse named before divorce) usually doesn’t apply to a beneficiary designation made after the divorce (Fla. Stat. § 732.703).
Key next steps:
- Get official beneficiary forms from each plan administrator (not just the employer).
- Confirm your brother actually signed/dated a post-divorce designation.
- If he had a new spouse at death, check for required spousal consent/waiver.
- Review the divorce decree/QDRO for any terms about these accounts.
If the redesignation was valid and documented, the ex-wife likely has a strong claim. If it was only verbal or improperly processed, you may have grounds to challenge. Does that help?
Also: he bought a house before the divorce. She was initially on the deed; he says he removed her. If her name was misspelled on the original document, does she still have rights to the property and contents under Florida law?
Randy M.
A misspelling doesn’t defeat ownership if the person is identifiable and intent is clear. Since the home was acquired during the marriage, it’s presumptively marital property subject to equitable distribution. If it was their homestead, both spouses had to consent to any transfer. He couldn’t lawfully “remove” her from title without her signed deed (e.g., quitclaim) or a court order.
What to check:
- County land records for the original deed and any later deeds removing her.
- Divorce paperwork addressing the property.
- Full title search to confirm current ownership.
If there’s no valid deed or order removing her, she may still hold an ownership interest.
Randy M.
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