Dear Mr. Moore:
Thank you for your inquiry. In the absence of a will, in Florida 100% of your estate would go to your spouse if you had no surviving children. If you did have surviving children, which I believe you indicate, the children would get half of your estate and the spouse would get the other half. If you DID have a will, your spouse could chose to "elect against" the will and still receive, roughly, a third of your estate.
The best way to handle your situation is to get a prenuptial agreement. Depending on the totality of the circumstances, you might also benefit from having a trust drawn up that would further allow you to ensure your intent for distribution of your assets realized after your passing.
As to any other pitfalls of marriage...that would probably be best addresed by some of my divorce clients. Marriage, done right, is still a great institution...I can say that from personal experience.
Best of luck.
Regards,
Cindy Vova
Law Offices of Cindy S. Vova, P.A.
954-316-3496/561-962-2785
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.