Does filing for divorce cancel a Florida power of attorney?
Filing for divorce ends your spouse’s authority as agent, unless the power of attorney says the spouse keeps serving. Here is what Florida Chapter 709 says for document prep. This is not legal advice.
Florida Statutes § 709.2109(2)(b) terminates an agent’s authority when an action is filed for the dissolution or annulment of the agent’s marriage to the principal, or for their legal separation, unless the power of attorney otherwise provides. The clock starts on filing, not on final judgment. The rest of the document can still work for a successor agent you named.
Banks often do not know you filed. Section 709.2109(4) can protect an agent who acts in good faith without knowledge of the termination. Written notice under Chapter 709 is how you close that gap in practice. A calm revoke-and-replace path still fits if you need a new agent after the filing.
ClickDocs prepares a Florida financial durable power of attorney for $89. Preview before you pay. Divorce strategy, temporary injunctions, and who should serve next are attorney work, not document prep.