How Divorce Impacts Your Estate Plan: Things You Need to Update Immediately

When you first created your estate plan, you most likely were celebrating a positive life event. Many people build their wills when they get married or welcome children into the world. But when a marriage ends, the structure of your estate plan must change too. Divorce affects who has legal control, who receives your property, and who can make decisions on your behalf if something unexpected happens.

In fact, 1 out of every 10 estate plans are started or changed because of divorce. Separation is stressful, but making timely updates to your estate plan can prevent future conflicts, protect your children, and ensure your voice is still the one that matters most.

This blog explains the most important updates to make during or after divorce so your assets, wishes, and loved ones remain protected.

Updating Your Estate Plan After Divorce: What Needs Immediate Attention

The moment you separate from a spouse, many parts of your estate plan begin to shift. Your former partner may still have certain legal rights until documents are changed. Depending on the documents you currently have in place, your former partner may still have certain legal rights until updates are made.

Failing to update key documents can open the door to disputes and outcomes you would never have intended. An estate planning attorney can review your documents and help determine which updates make sense for your situation.

Changing Beneficiaries After Divorce: Financial Accounts, Life Insurance, and Retirement

Many assets transfer directly through beneficiary designations, without going through the will or probate. These often include:

• Life insurance policies
• Employer-sponsored retirement accounts (like a 401(k))
• IRAs and pensions
• Investment and brokerage accounts
• Payable-on-death bank accounts

Divorce does not automatically remove your ex as a beneficiary. If they remain listed, they may still receive your assets even if your will says otherwise.  For many people, reviewing beneficiary designations becomes a priority after separation — but the right timing can depend on the details of the divorce.

Remove Your Ex-Spouse from Your Will and Trusts to Reflect Your New Priorities

Your will and trusts should align with your new life and goals.  Many people choose to update their will and trusts during or after a divorce to reflect their new priorities, Including:

• Inheriting property and family assets
• Acting as executor of the estate
• Serving as trustee for minor children
• Handling major responsibilities like home sales or business transfers

You may want to replace these roles with a trusted family member, friend, or professional. And if you share children, you can add protections so assets are used for their benefit, not controlled by your former partner.

Updating Your Power of Attorney After Divorce to Protect Health and Finances

Imagine becoming incapacitated and realizing the person legally authorized to make decisions for you is your ex. It can happen if your documents name a spouse and have not been updated.

 In many cases, reviewing and potentially updating documents such as:

• Healthcare Power of Attorney
• Financial Power of Attorney
• HIPAA releases (medical information access)

This is especially important for parents, since a power of attorney plays a major role in protecting your children if you are unable to care for them.

Estate Planning During Divorce: When to Make Changes and How Attorneys Can Help

There are rules about what can be changed while a divorce is still in process. For example:

• You can typically update powers of attorney immediately
• Changes to beneficiaries or inheritance may require court approval
• Final property division in the divorce can impact what you own and can give away

This is why coordinating your estate planning attorney with your family law attorney is a strategic advantage. When both are working together, you can make lawful updates at every stage and avoid surprises after the divorce decree is final.

Working with a team that understands both sides of the process gives you clarity and confidence at a time you need it most. Because divorce laws and estate laws intersect, getting advice early can help you make changes that support your long-term goals, without creating unintended consequences.

Take Action to Protect Your Future

Your estate plan should always reflect your life. After divorce, updating it is one of the strongest ways to protect yourself and your children from unintended outcomes. It is also a powerful step toward independence and peace of mind.

Yet only 24% of adults currently have a will. If your estate plan was created years ago, or you never had one to begin with, now is the right time to take action.

Our attorneys make the process clear, human, and tailored to your new chapter. Whether you are separated, in the middle of a divorce, or recently divorced, we can help you audit your estate plan and help you update it based on your unique circumstances.

Reach out today to schedule a consultation and protect what matters most.

This article is for informational purposes only and is not legal advice. Your circumstances are unique, and an attorney can provide guidance that fits your needs.