Estate Planning After Divorce

Divorce can be one of the most challenging times in a person's life. Not only do you split from your former spouse, but dealing with all the legal and financial ramifications can be stressful.

Among these financial considerations is estate planning after divorce. Whether you already had an estate plan before the divorce or have just gotten around to making one now, discover how your divorce impacts your estate planning and how you can adjust accordingly.

Why Do I Need to Update My Estate Plan After Divorce?

Discover why updating your estate plan is essential during or after divorce.

Update Beneficiaries

No matter the circumstances of your divorce, you probably do not want your ex-spouse to inherit your estate upon your death. If you had an estate plan before the divorce, you need to update the estate plan to ensure all of your wishes will be respected after your passing.

Note that in some states, the court automatically revokes any designation of a former spouse upon finalizing the divorce. However, update the estate plan, so no legal loopholes or unwanted surprises exist in the future.

Adjust Health Care Proxy and Power of Attorney

In many states, if you had previously granted your spouse medical decision-making authority, that is automatically revoked by the divorce. Therefore, if you already have a healthcare proxy in place, make sure to update it with someone else whom you trust.

The new person should be able to step in and make medical decisions on your behalf if ever needed. The same goes for power of attorney — go for someone who would best serve as your agent should anything happen to you where you are unable to make decisions yourself.

Update Your Will

A will outlines the most critical details about your estates. For instance, the will details how to distribute your asset after your passing and who will take care of your children if you pass away during their childhood.

Therefore, ensure that all the details reflect your wishes after divorce. Check for any changes that you need to make, such as removing someone from the will or adding new beneficiaries.

In the same way, if you had previously set up a trust, keep this document up to date to reflect your wishes after divorce. For example, depending on what type of trust you set up before the marriage dissolution, you may need to make some changes for the trust to remain valid.

How Can You Get Started With Estate Planning After Divorce?



If you have just gotten around to creating an estate plan or updating your current one after divorce, start by consulting an estate attorney.

The attorney will guide you through the process of setting up an estate plan that meets all of your needs. The professional will help decide which documents would be best for you and how to make sure to review these plans regularly over time.

Additionally, if you already have an estate plan, the attorney can review it with you and make any necessary changes.

Finally, the attorney understands estate planning better and can provide advice on what documents would be essential for your situation.

You can trust us at Shepherd Law Firm LLC to guide you through any estate planning changes after divorce. We have extensive experience and the expertise needed to help you create an estate plan that meets all your wishes with accuracy and precision. Contact us for a consultation on updating your estate plan. We will be happy to answer any questions you have or go over any concerns. Let us know how we can assist you.