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How Does Divorce Affect Your Estate Planning?

Divorce is not just a significant emotional upheaval; it also brings substantial changes to one's estate planning. As challenging as it may be, it's crucial to understand how a divorce can affect your estate plan and take steps to update and protect your assets and your legacy. If you are getting a divorce or recently divorced, here is what you need to know.

Immediate Impact of Divorce on Estate Planning:

When a divorce is finalized, the legal bonds between the former spouses are severed, which can have immediate implications in several areas of your existing estate plan:

  • Invalidation of Bequests: In many jurisdictions, including New York, divorce automatically invalidates any bequests to a former spouse in a will. However, it's risky to rely solely on this provision. Updating your will ensures your assets are distributed according to your current wishes.
  • Retirement Accounts and Life Insurance: Beneficiary designations on retirement accounts and life insurance policies are not automatically changed upon divorce. It's essential to review and update these designations, as they often supersede instructions in a will.
  • Powers of Attorney and Health Care Directives: If your former spouse was named as your agent in any powers of attorney or health care directives, those designations should be reviewed and likely updated.

Revising Your Estate Plan Post-Divorce:

Post-divorce, a comprehensive review and revision of your estate plan are necessary. This process should ideally involve the following steps:

  • Update Your Will: Revise your will to reflect your new marital status and ensure that your assets are bequeathed according to your current wishes.
  • Revise Trusts: If you have established any trusts naming your former spouse as a trustee or beneficiary, consider modifying these trusts. In some cases, entirely new trusts may need to be established.
  • Update Beneficiary Designations: As previously mentioned, update the beneficiary designations on life insurance policies, retirement accounts, and any other accounts where your former spouse is named.
  • Reassess Guardianship Decisions: If you have minor children, reexamine and possibly update your decisions regarding their guardianship.
  • Review and Update Powers of Attorney: Update your financial and health care powers of attorney to appoint someone you trust to make decisions on your behalf if you're unable to do so.

Estate Planning for Your New Life:

Divorce often leads to new beginnings, which should be reflected in your estate plan. New or changing concerns may include the following:

  • Plan for New Beneficiaries: If you remarry or have additional children, your estate plan should account for these changes. Consider the needs of your blended family.
  • Asset Protection: Post-divorce is a critical time to consider asset protection strategies, especially if you received a substantial settlement.
  • Estate Tax Considerations: Your estate tax situation may have changed significantly post-divorce, necessitating a review of your estate tax planning strategies.
  • Trusts for Minor Children: If you have minor children, setting up a trust can ensure that any inheritance is managed responsibly on their behalf.


Divorce necessitates a thorough reevaluation of your estate plan. It's not just about removing your former spouse from the documents but about realigning your estate plan with your new life circumstances and goals. The process can be complex, and each person's situation is unique. Give us a call at 516-570-4016 to ensure your estate plan is comprehensive, up-to-date, and reflects your current wishes and needs. Remember, estate planning after divorce is not just about asset distribution; it's about ensuring peace of mind and security for your future and that of your loved ones.