In re Estate of Butler - 444 So. 2d 477 (Fla. Dist. Ct. App. 1984)

Rule:

A wife, who has taken advantage of the “divorce” that her husband told her he had bought, cannot now claim the benefits of a marriage which she herself has repudiated by her subsequent conduct. The wife’s abandonment of the marriage relationship operates to estop her from asserting rights under that marriage.

Facts:

Decedent Nathaniel Butler, Jr. and appellant Georgia Mae were married in 1946. They lived together for a short time and then separated in 1947. Although the marriage was never legally dissolved, Nathaniel told Georgia Mae that he had "bought" a divorce. Georgia Mae believed him. Thereafter, Nathaniel and appellant both remarried. At some point appellant learned that she and Nathaniel were never actually divorced. Six years after Nathaniel died, appellant filed a petition for administration of Nathaniel’s estate. The trial court denied the petition and found that appellant was estopped from asserting her rights as a widow. Appellant challenged the decision. 

Issue:

Under the circumstances, was the appellant estopped from asserting her rights as a widow? 

Answer:

Yes.

Conclusion:

The court affirmed the trial court’s judgment, rejecting appellant’s claim that she was a victim of Nathaniel’s deceit. At the time of her second marriage, appellant knew that Nathaniel was still alive and that she had not obtained a divorce from him, as she had not been served with any divorce papers. Her subsequent marriage and actions in taking advantage of the divorce Nathaniel claimed he "bought" constituted a repudiation of her marital status and she was estopped from asserting rights under that marriage.