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I Am Considering Divorce In Florida. If We Divorce, Who Will Be Able To Control My Funeral Wishes?

Many couples disagree about their funeral wishes. One spouse may strongly desire to be cremated and have his or her ashes sprinkled in the ocean or in the backyard. Another spouse may want to be buried in the family plot. Sometimes these differences are because of a disagreement about religion or because of family traditions.
Legally, you have the right to whatever type of funeral arrangements you want. However, your spouse is allowed to be in charge of your funeral arrangements unless you authorize someone else to do that. The spouse is legally considered the next of kin who has the right to control the disposition of your remains.
If you do choose to divorce, once the divorce is final your spouse will have lost his or her rights. If you were to pass away while the divorce is still pending, he or she is still legally considered your spouse and can control disposition of your remains.
If you are in the process of divorce, and you are worried about protecting your legal rights, you should speak with an attorney who specializes in estate planning. There are documents you can sign that will expressly state how you want your body to be handled after death, and will also remove the right to make your final arrangements from your spouse.
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