Getting married can change your life.  It can also change what happens after your death.  You cannot disinherit your spouse…no matter how much you may want to.  Regardless of what your will may or may not say, your wife or husband is entitled to your homestead property when at death you do part (unless there is a properly executed marital agreement).

Even if your will was made before you got married, your spouse is still entitled to half your estate, the same as if you had died without a will.

You may be “ABD” (All But Divorced), but happily or unhappily, while you are still married, you and your spouse have a Tenancy by EntiretyTenancy by Entirety includes the unities of Joint Tenancy with Rights of Survivorship plus the Unity of Marriage, which subscribes to the legal fiction that husband and wife are one entity.  As long as the marriage is intact, neither can break the tenancy nor otherwise convey the property.

If you want your children to inherit your homestead without having to share with your estranged spouse, then divorce may be part of your estate planning.  ‘Putting your affairs in order’ may literally mean ‘putting your affairs in order.’

Seek competent legal counsel to discuss your estate planning goals, and to ensure your will is properly executed and valid in the State of Florida.