By: Mike Gora
Q I am a 92 year old man married to an 84 year old woman for 20 years. I have been diagnosed with stage four cancer of my pancreas. My doctor has told me that I have only a couple of months to live.
We lived in Atlanta until last week, when I decided that I wasn’t feeling well and could not live with the wife any more. I packed all my stuff and flew to West Palm Beachto live with my daughter.
Just before I married the last time I bought a house in Buckhead which is now worth about three times what I paid for it. It has always remained in my name. There was a mortgage on it, but we paid it off with a lot of my savings and some of hers. We improved the house with new bathrooms and the like and both chipped into to pay for it.
She still drives a car that is in my name. I don’t drive any more. I have a stock portfolio left on which we have been living for many years. We did OK and still have a million or so. I earned every penny in that stock, but she used to be my broker and handled the money before and after we were married. We do not owe anyone any money.
I’d like to divorce her before I die so she won’t get all that I have. In addition to my daughter I have a son. My will says it all goes to the wife unless she dies first; then it is divided between my children.
Can I divorce here inFlorida? What could she get from me?
A Since the last place that you lived with you wife was in Georgia it is likely that your divorce case will have to proceed in Georgia in order for a court to have the jurisdiction over you and over your property.
However, divorce is divisible. If you file for divorce in Florida before your wife files inGeorgiayour marriage can be ended here, but the judge cannot divide your property here.
If you change your will to leave all to your children and pass away before the Georgia Court could divide your property you may achieve your goal to disinherit your wife.
I cannot tell you what the exact result would look like if the Georgia judge had the ability to divide your marital estate before your death because the Georgia law may be different than the Florida. However, if Florida divorce law applies a part of the equity in your home and your brokerage account would probably be found to be marital property and divided equally.
I also cannot tell you whether the Georgia law provides for a percentage of your estate to go to your wife even if it was your intent to disinherit her. However if Florida probate law applies after your death your wife will receive 30 percent of your estate.
You need to retain a Georgia attorney and a Florida trust and estates attorney to give you the final answer to your questions.
Michael H. Gora has been certified by the Board of Specialization of The Florida Bar as a specialist in family and matrimonial law, and is a partner with Shapiro Blasi Wasserman & Gora P.A. in Boca Raton. Mr. Gora may be reached by e-mail at mhgora@sbwlawfirm.com.