Florida Statute 732.702 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.702

732.702 Waiver of spousal rights.—

(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, or to assert a claim under the Florida Uniform Disposition of Community Property Rights at Death Act as described in ss. 732.216-732.228, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.

(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.

(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.

History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226; s. 10, ch. 2024-238.

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Amendments to 732.702

Annotations, Discussions, Cases:

Cases Citing Statute 732.702

Total Results: 60

Barnett Bank v. Estate of Read

493 So. 2d 447

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1671931

Cited 28 times | Published

Florida Statutes (1965) (the predecessor to section 732.702). 234 So.2d at 339. Thus, the language in Twomey

Taylor v. Taylor

1 So. 3d 348, 2009 Fla. App. LEXIS 565, 2009 WL 186155

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1174132

Cited 23 times | Published

surviving spouses. Our review is guided by section 732.702(1), Florida Statutes (1995), which provides

Baker v. Baker

394 So. 2d 465

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1315449

Cited 21 times | Published

antenuptial agreements have been supplanted by § 732.702, Fla. Stat. (1975). In re Estate of Reed, 354

Chames v. DeMayo

972 So. 2d 850, 2007 WL 4440212

Supreme Court of Florida | Filed: Dec 20, 2007 | Docket: 1650710

Cited 20 times | Published

spouse's waiver of that restriction. See also § 732.702(1), Fla. Stat. (2006) ("The rights of a surviving

Hulsh v. Hulsh

431 So. 2d 658

District Court of Appeal of Florida | Filed: May 3, 1983 | Docket: 1512017

Cited 20 times | Published

731.005(1), Florida Statutes (1975) (currently § 732.702(1), Fla. Stat. (1981)), provides: "The right of

City Nat. Bank of Florida v. Tescher

578 So. 2d 701, 16 Fla. L. Weekly Supp. 271, 1991 Fla. LEXIS 680, 1991 WL 61820

Supreme Court of Florida | Filed: Apr 25, 1991 | Docket: 2173946

Cited 19 times | Published

Such a waiver is valid under Florida law. See section 732.702(1), Florida Statutes (1975); Hulsh v. Hulsh

Nahar v. Nahar

656 So. 2d 225, 1995 WL 335389

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 847104

Cited 15 times | Published

(Second), Conflict of Laws, § 98 (1988). See also § 732.702, Fla. Stat. (1991). But see Sanchez v. Sanchez

In Re Estate of Reed

354 So. 2d 864

Supreme Court of Florida | Filed: Jan 12, 1978 | Docket: 1682304

Cited 12 times | Published

Del Vecchio have been supplanted by statute, Section 732.702, Florida Statutes (1975), because of the date

Myers v. Lehrer

671 So. 2d 864, 1996 WL 179971

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1248195

Cited 11 times | Published

City Nat'l Bank v. Tescher, 578 So.2d at 703; § 732.702(1), Fla.Stat. (1995); cf. Monks v. Smith, 609

In Re Estate of Cleeves

509 So. 2d 1256, 12 Fla. L. Weekly 1685

District Court of Appeal of Florida | Filed: Jul 10, 1987 | Docket: 1361747

Cited 11 times | Published

the decedent before or after their marriage. § 732.702, Fla. Stat. (1985). The petition Mrs. Cleeves

Estate of Roberts

388 So. 2d 216

Supreme Court of Florida | Filed: Jun 5, 1980 | Docket: 1520900

Cited 10 times | Published

judgment upholding the constitutionality of section 732.702(2), Florida Statutes (1979),[1] and the validity

Zivitz v. Zivitz

16 So. 3d 841, 2009 Fla. App. LEXIS 5870, 2009 WL 1424067

District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1640738

Cited 9 times | Published

(Fla. 2d DCA 1990) (holding that pursuant to section 732.702(1), Florida Statutes, a surviving spouse can

Weisfeld-Ladd v. Estate of Ladd

920 So. 2d 1148, 2006 WL 231481

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 335771

Cited 8 times | Published

property. We disagree. The parties agree that section 732.702(1), Florida Statutes (2002), allows an individual

Cuillo v. Cuillo

621 So. 2d 460, 1993 WL 98649

District Court of Appeal of Florida | Filed: May 19, 1993 | Docket: 1266143

Cited 8 times | Published

legislature adopted what is now codified as section 732.702(2), Florida Statutes (1991), which provides:

Thomas v. Thomas

571 So. 2d 499, 1990 WL 157756

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 1653364

Cited 7 times | Published

ruled that the husband waived all rights under section 732.702, and denied the husband's petition to take

Critchlow v. Williamson

450 So. 2d 1153

District Court of Appeal of Florida | Filed: Apr 26, 1984 | Docket: 2566317

Cited 7 times | Published

basis for the court's decision, we note that section 732.702(2), Florida Statutes (1983), legislatively

Hartwell v. Blasingame

564 So. 2d 543, 1990 WL 91875

District Court of Appeal of Florida | Filed: Jul 6, 1990 | Docket: 1294585

Cited 6 times | Published

house in a prenuptial agreement pursuant to section 732.702, Florida Statutes (1979). Ms. Hartwell's statutory

Hahn v. Hahn

465 So. 2d 1352, 10 Fla. L. Weekly 776

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 1323988

Cited 6 times | Published

at least, regarding rights of inheritance. See § 732.702(2), Fla. Stat. (1983). [5] She wept and she prayed

Weintraub v. Weintraub

417 So. 2d 629

Supreme Court of Florida | Filed: Apr 8, 1982 | Docket: 1383094

Cited 6 times | Published

question of great public importance: Does Section 732.702(2) validate premarital agreements otherwise

Holland v. Holland

406 So. 2d 496

District Court of Appeal of Florida | Filed: Oct 28, 1981 | Docket: 2516383

Cited 6 times | Published

upon his death had they remained married. Section 732.702, Florida Statutes (1979), provides that the

Carnell v. Carnell

398 So. 2d 503

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1326358

Cited 6 times | Published

Vecchio and its progeny have been supplanted by section 732.702, Florida Statutes (1975). While it can be argued

Wadsworth v. First Union Nat. Bank

564 So. 2d 634, 1990 WL 109473

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1294186

Cited 5 times | Published

the property after the widow's life estate. Section 732.702(1), Florida Statutes[1] permits a surviving

Gordon v. Russell

561 So. 2d 603, 1990 WL 40315

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 383220

Cited 4 times | Published

extent of the premarital disclosure of assets. See § 732.702(2), Fla. Stat. (1989). Second, the New Jersey

Coleman v. Estate of Coleman

439 So. 2d 1016

District Court of Appeal of Florida | Filed: Oct 31, 1983 | Docket: 1265308

Cited 4 times | Published

(Fla. 1962) and the effect on that case of Section 732.702, Florida Statutes. In Del Vecchio the court

Dr. Ross G. Stone v. Nancy Stone and Alma Stone

157 So. 3d 295, 2014 Fla. App. LEXIS 18431, 2014 WL 5834826

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595484

Cited 3 times | Published

in the presence of two subscribing witnesses.” § 732.702(1), Fla. Stat. (2011). Further, “[ujnless the

Flagship Nat. Bank of Miami v. King

418 So. 2d 275

District Court of Appeal of Florida | Filed: Jun 29, 1982 | Docket: 1685957

Cited 3 times | Published

The trial judge held that the provisions of Section 732.702(2), Fla. Stat. (1979), which require a "fair

Estate of Garcia v. Garcia

399 So. 2d 486

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1652435

Cited 3 times | Published

waived by the Ante-Nuptial Agreement by virtue of F.S. 732.702; 2. That said statute controls, although it

Jacobs v. Jacobs

633 So. 2d 30, 1994 WL 20932

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 1707985

Cited 2 times | Published

before or after marriage, by a written waiver. § 732.702(1), Fla. Stat. (1987). But the plaintiff below

Delgado v. Cotta De Lopez

546 So. 2d 1075, 1989 WL 59579

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1442363

Cited 2 times | Published

exercise any right to dower or curtesy." See § 732.702, Fla. Stat. (1987). The property settlement was

Moldofsky v. Stregack

449 So. 2d 918

District Court of Appeal of Florida | Filed: Apr 24, 1984 | Docket: 1325766

Cited 2 times | Published

agreement. The sole question presented is whether section 732.702, Florida Statutes (1983), which eliminates

Ellis First Nat. Bank v. Downing

443 So. 2d 337

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458241

Cited 2 times | Published

Posner, the legislature, in 1974, enacted section 732.702(2) pertaining to antenuptial agreements and

Estate of Kenton v. Kenton

423 So. 2d 531

District Court of Appeal of Florida | Filed: Dec 15, 1982 | Docket: 544501

Cited 2 times | Published

by the wife, when read in conjunction with section 732.702, Florida Statutes (1981),[1] constitutes a

Topper v. Stewart

388 So. 2d 1270

District Court of Appeal of Florida | Filed: Sep 23, 1980 | Docket: 419630

Cited 2 times | Published

having died in October 1976, we find that Section 732.702, Florida Statutes (1975, effective January

Steffens v. Evans

70 So. 3d 758, 2011 Fla. App. LEXIS 15750, 2011 WL 4577938

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2359097

Cited 1 times | Published

herein is to be broadly construed pursuant to Section 732.702, Florida Statutes. Following Jeffrey's death

In Re Estate of Shore

605 So. 2d 951, 1992 Fla. App. LEXIS 10226, 1992 WL 240590

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 1343237

Cited 1 times | Published

to make a financial disclosure pursuant to section 732.702(2), Florida Statutes (1989). The trial court

Stregack v. Moldofsky

474 So. 2d 206, 10 Fla. L. Weekly 316

Supreme Court of Florida | Filed: Jun 20, 1985 | Docket: 1749827

Cited 1 times | Published

of assets by a decedent spouse, in light of section 732.702, Florida Statutes (1983), which requires no

Evered v. Edsell

464 So. 2d 1197, 10 Fla. L. Weekly 139

Supreme Court of Florida | Filed: Feb 28, 1985 | Docket: 1661198

Cited 1 times | Published

such a presumption is not warranted under section 732.702, Florida Statutes (1983), which provides in

Jorge Mendia v. Abraham Figueroa Galvez

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209990

Published

Hawthorn, 363 So. 3d 170, 173 (Fla. 4th DCA 2023); § 732.702(1), Fla. Stat. (setting forth waiver of spousal

James E. Rogers v. Guardianship Program of Dade County, Inc.

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69729030

Published

2023). Instead, Rogers seeks to rely on section 732.702(1), Florida Statutes, which authorizes a spouse

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

732.4015, Fla. Stat. Devise of homestead. § 732.702, Fla. Stat. Waiver of spousal rights. §

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 67174380

Published

the spouse’s homestead rights as required by section 732.702, Florida Statutes (2002). Doris and James

WILLIAM THAYER and LOUISE A. JEFFERSON v. DORIS D. HAWTHORN

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174380

Published

the spouse’s homestead rights as required by section 732.702, Florida Statutes (2002). Doris and James

ALBERT RALPH ISAACS, etc. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc.

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635745

Published

9 section 732.702(a), Florida Statutes, there is no reason to

ROBERT FELDMAN, etc. v. JEFFREY SCHOCKET

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363928

Published

legislative enactment and judicial imprimatur. See § 732.702(1), Fla. Stat. (2022); see also City Nat’l Bank

RICHARD MERLI v. DONNA MERLI

District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689375

Published

a complete property settlement pursuant to section 732.702, Florida Statutes (2019); (2) alternatively

ARLENE PARIS v. APRIL NELLE JOSEPH

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493108

Published

the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of

ARLENE PARIS v. APRIL NELLE JOSEPH

District Court of Appeal of Florida | Filed: Sep 1, 2021 | Docket: 60330682

Published

the parties litigated the application of section 732.702(2), Florida Statutes (2019), a provision of

Sudman v. O'Brien

218 So. 3d 986, 2017 WL 1829479, 2017 Fla. App. LEXIS 6337

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058978

Published

share by signing a prenuptial agreement. See § 732.702(1). The trustee then served on Sudman two requests

Friscia v. Friscia

161 So. 3d 513, 2014 Fla. App. LEXIS 13251, 2014 WL 4212689

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1165067

Published

of two subscribing witnesses. See § 732.702(1). Furthermore, language waiving “all rights”

Foster v. Estate of Gomes

27 So. 3d 145, 2010 Fla. App. LEXIS 559, 2010 WL 322170

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 2410935

Published

strike the petition for elective share, citing section 732.702(1), Florida Statutes (2006), and the antenuptial

Dienstag v. Dienstag

864 So. 2d 9, 2003 Fla. App. LEXIS 13192, 2003 WL 22047614

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 64827603

Published

husband’s worth prior to signing the document. See § 732.702(2) Fla. Stat. (2003); Estate of Roberts v. Roberts

Widman v. Duggan

639 So. 2d 1071, 1994 Fla. App. LEXIS 6890, 1994 WL 330336

District Court of Appeal of Florida | Filed: Jul 13, 1994 | Docket: 64749709

Published

similar grounds.” Nevertheless, he concluded, section 732.702, Florida Statutes (1991), “does not mean what

King v. Ellison

622 So. 2d 598, 1993 Fla. App. LEXIS 8339, 1993 WL 302782

District Court of Appeal of Florida | Filed: Aug 11, 1993 | Docket: 64698167

Published

homestead property to pass by Hubert’s will. Section 732.702(1), Florida Statutes (1975). This was not done

Oliveira v. Sturm

610 So. 2d 108, 1992 Fla. App. LEXIS 12819, 1992 WL 379868

District Court of Appeal of Florida | Filed: Dec 22, 1992 | Docket: 64692758

Published

valid waiver of Oliveira’s rights pursuant to section 732.702(2). That section provides: Each spouse shall

Spangenberg v. Tate

561 So. 2d 315, 1990 Fla. App. LEXIS 1693, 1990 WL 27952

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 64650636

Published

Spangenberg. In Trapani, this court held that section 732.702, Florida Statutes (1985), does not require

Estate of Sage v. Sage

515 So. 2d 1324, 12 Fla. L. Weekly 2659, 1987 Fla. App. LEXIS 11106, 1987 WL 1686

District Court of Appeal of Florida | Filed: Nov 18, 1987 | Docket: 64631157

Published

statute then in effect did not require disclosure. § 732.702(2), Fla. Stat. (1985). While this case is one

Trapani v. Gagliardi

502 So. 2d 957, 12 Fla. L. Weekly 406, 1987 Fla. App. LEXIS 6512

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64625152

Published

was invalid pursuant to section 732.702, Florida Statutes (1985). Section 732.702 provides in subsection

Edsell v. Evered

447 So. 2d 263, 1983 Fla. App. LEXIS 24152

District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 64603671

Published

other party whose lips are sealed by death. Section 732.702(2), Florida Statutes (1983)1 makes valid all

Kouchel v. Kouchel

403 So. 2d 2, 1981 Fla. App. LEXIS 28045

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584881

Published

Estate of Roberts, 388 So.2d 216 (Fla.1980); Section 732.702(2), Florida Statutes (1976); Rule 1.100(a)

Weintraub v. Weintraub

395 So. 2d 302, 1981 Fla. App. LEXIS 19652

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581038

Published

issues raised in this appeal are (1) whether Section 732.702, Florida Statutes (1977), is applicable to