Estate Planning After a Divorce: What You Need to Know

‘Divorce is never easy. Amid the emotional and legal complexities, one critical task that often gets overlooked is updating your estate plan; but once your marriage ends, your estate planning documents likely need a serious refresh.

Failing to update your estate plan post-divorce could leave your ex-spouse in charge of important decisions or as the unintended recipient of your assets. Here’s what you should know to protect your future and your loved ones.

1. Revisit Your Will or Trust Immediately

Your will or revocable living trust likely names your former spouse as a beneficiary or even as your executor/trustee. After a divorce, you’ll want to:

• • Remove or replace your ex-spouse as a beneficiary (unless required by divorce
    agreement)
  • Name a new executor or trustee
  • Review who will inherit your assets—especially if you have children or close family
    you’d prefer to benefit

If you don’t have a trust or will yet, now is the time to create one with your new circumstances in mind.

2. Update Powers of Attorney

Many married couples name their spouse as their agent for financial or medical decisions. After a divorce, that is usually no longer appropriate.

• • Financial Power of Attorney – Designate someone you trust to handle your financial
    matters if you become incapacitated.
  • Health Care Proxy/Living Will – Choose a new decision-maker for medical decisions
    and update any end-of-life instructions.

These are important and powerful documents. You want someone who truly has your best
interests at heart.

3. Review Your Beneficiary Designations

Not all assets are controlled by your trust or will. Some assets with beneficiary designations
outside of your will or trust may need to be updated.

Some assets that may have designated beneficiaries that you will need to update include:

• • 401(k), IRA, and other retirement accounts
  • Life insurance policies
  • Bank and brokerage accounts with transfer-on-death designations

Some of these may be better having your updated trust or will as beneficiary.

Even if your divorce decree says your ex isn’t entitled to anything, if they’re still listed as a beneficiary, they could still legally inherit those assets.

4. Consider Your Children’s Future

If you have children, updating your estate plan becomes even more important. Think about

• • Naming a guardian in your will (especially if your ex is no longer able or appropriate)
  • Setting up a trust to manage your children’s inheritance, rather than leaving it to them outright
  • Choosing a trustworthy trustee—which doesn’t have to be your ex-spouse

A trust can ensure your children are cared for financially, even if they’re still minors.

5. Reevaluate Joint Property and Titles

If you owned real estate, vehicles, or other property jointly with your ex-spouse, review:

• • Who actually owns what now
  • Whether titles and deeds need to be retitled
  • If you need to update your own estate plan to reflect newly titled property

This is especially important for real estate and family homes.

6. Work With a Qualified Estate Planning Attorney

Estate planning after a divorce can be tricky—especially when divorce agreements, children
from multiple relationships, or complex finances are involved. A qualified attorney can help you:

• • Comply with court orders in your divorce decree
  • Protect your assets and your legacy
  • Avoid unintended consequences or disputes down the road

Final Thoughts

A divorce is a major life change—and your estate plan should reflect your new reality. Taking the time to revisit your documents now gives you peace of mind and control over what comes next. It’s about protecting your future, your children, and the people who matter most to you.