We can learn a lot sometimes from legal cases involving celebrities. Musician Ric Ocasek, who achieved his greatest notoriety in the 1980s with his band The Cars and who died in 2019, is one such example. His case offers a clear example of how you, as a Floridian, can benefit from completing your divorce promptly or, perhaps even more beneficially, from executing a prenuptial or post-nuptial agreement with your spouse. If you have a large amount of wealth, the difference between doing these things and not doing these things can be millions of dollars. To make sure that your wealth will continue to go where you want it to, even as you contemplate an upcoming marriage or an upcoming divorce, be sure to rely upon an experienced Florida divorce attorney.
In 2018, Ocasek’s wife, model Paulina Porizkova, announced that she and Ocasek had separated in 2017. In September 2019, Ocasek died of natural causes. At the time, he and Porizkova remained married. Later last year, news reports indicated that Ocasek had excluded Porizkova from his will. The will stated that the pair were “in the process of divorcing” and that Porizkova was not entitled to anything from his estate “because she has abandoned me,” according to People.com. Ocasek’s estate included $5 million just in copyrights.
Ocasek died in New York City and his probate estate will not be administered in Florida. However, for many people, especially people with high dollar estates, it is very important to look at a case like Ocasek’s and understand the impact of a divorce on your probate estate. The Florida Statutes have something called a “spousal share” for surviving spouses. That law says that, if your spouse survives you, she can “elect” to receive 30% of your estate, regardless of what your estate planning documents say. (That’s true even if your documents expressly say she should receive nothing.)