In 2011 the Florida Legislature amended the Power of Attorney statute (Florida Statute 709). An important change, which affects parties involved in divorce proceedings, is the termination provision for a power of attorney when a divorce or annulment action is filed. F.S. 709.2109 provides “An agent’s authority terminates when … an action is filed for dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides.”
What does this mean for you? It means that if you are the agent of your spouse’s power of attorney and a divorce or annulment action is filed, you cannot use the power of attorney as authorization to transfer monies from an individual account in your spouse’s name to another account over which you have control. If you sign your spouse’s name, you may find yourself in significant criminal trouble. If you have any questions about your power of attorney, contact an experienced divorce lawyer who has knowledge about powers of attorney.
