Pinellas Park, FL asked in Tax Law and Elder Law for Florida

Q: Does Florida have a law concerning Homestead that if you are a divorced widow you cannot claim this exemption?

I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption on my Homestead here in Kenneth city that I did not qualify as a widow according to Florida law. This is outrageous! Please tell me that I was given the wrong information.

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1 Lawyer Answer

A: If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.

You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse, not a widow.

You must not have remarried.

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