Richard Merli v. Donna Merli

Summary

A partial marital settlement agreement that does not explicitly waive spousal rights and fails to resolve all disputes (such as alimony) is not a “complete property settlement” under Fla. Stat. § 732.702(1) and therefore does not waive a surviving spouse’s intestate rights. When a spouse dies during a pending divorce, the dissolution action abates and the marriage is terminated by death, not by final judgment, preserving the surviving spouse’s inheritance rights. The Fourth District affirmed the probate court’s appointment of the surviving wife as personal representative and rejected the decedent’s brother’s claim that the partial agreement constituted a waiver.

Holdings

1. A partial marital settlement agreement that does not clearly, specifically, and explicitly settle all matters of dispute between the parties is not a 'complete property settlement' within the meaning of section 732.702(1), Florida Statutes, and does not operate as a waiver of intestate spousal rights.
2. General language in a partial marital settlement agreement that does not explicitly waive 'all rights' or equivalent language does not satisfy the waiver requirement of section 732.702(1).
3. Because the partial settlement agreement's unambiguous language does not waive intestate spousal rights, the attorney's affidavit cannot create a waiver; any error in striking the affidavit is harmless.

Questions Presented

1. Whether the partial marital settlement agreement was a complete property settlement that constituted a waiver of spousal intestate rights under section 732.702, Florida Statutes.
2. Whether language in the partial marital settlement agreement was equivalent to a waiver of spousal rights.
3. Whether the probate court erred in striking the decedent's divorce attorney's affidavit.

Disposition

affirmed