Key Takeaways
- Divorce doesn’t automatically update everything. Your ex may still be named on accounts, insurance or powers of attorney.
- Many states revoke an ex-spouse’s provisions in a will once a divorce is final, but federal law can override those rules for many employer retirement plans and group life insurance.
- While a divorce is pending, some states restrict changing beneficiaries or moving assets, so check before you act.
- Update your will, beneficiary designations, powers of attorney, HIPAA release and living will as soon as you’re allowed.
- If you have minor children, plan for how money you leave them will be managed, not just who will raise them.
What changes automatically, and what doesn’t
| Document | Does divorce update it automatically? | What to do |
|---|---|---|
| Will | In many states, gifts to and appointments of an ex-spouse are revoked when the divorce is final | Sign a new will anyway |
| Life insurance through an employer | Often not; federal law can override state revocation rules | File a new beneficiary form |
| 401(k) and other employer retirement plans | Often not, for the same reason | File a new beneficiary form, following any court order |
| IRAs and individual life insurance | Depends on your state | File new beneficiary forms |
| Financial and health care powers of attorney | In many states, an ex-spouse agent is revoked | Sign new documents |
| Living trust | Varies by state and trust terms | Amend or restate it |
| Jointly owned property | Depends on the divorce decree | Retitle as the decree requires |
Timing: before, during and after
Before filing
You can generally update a will, powers of attorney and health care documents. Think about who should make decisions for you if something happens during the divorce.
While the divorce is pending
Some states impose automatic restrictions when a divorce is filed, such as limits on changing beneficiaries or transferring assets. You can usually still update your will and powers of attorney, but check your state’s rules before changing beneficiary designations.
After the divorce is final
- Sign a new will
- File new beneficiary forms for life insurance and retirement accounts, consistent with your settlement
- Sign new powers of attorney, a HIPAA release and a living will
- Retitle property and accounts as the decree requires; dividing an employer retirement plan usually requires a court order called a QDRO
If you have children
- If you die, your ex will usually have custody of your minor children.
- You can still control how money you leave them is managed, for example through a trust with a trustee you choose, rather than leaving it under your ex’s control.
- Consider life insurance required by your divorce settlement, and who should be the beneficiary or trustee.
See estate planning for young families and primary vs. contingent beneficiaries.
Frequently asked questions
In many states, divorce automatically revokes provisions in your will that benefit your ex-spouse, but it doesn’t revoke the whole will, and not every state does this. Signing a new will is the safest approach.
Possibly. Federal law governing many employer plans can require the plan to pay whoever is named on the form, even an ex-spouse. Update your beneficiary forms after the divorce.
It depends on your state. Some states automatically prohibit changing beneficiaries or moving assets once a divorce is filed. Check before making changes.
Usually the other parent, if they’re fit. A guardian nomination in your will generally applies if both parents die or the other parent can’t care for the children.
Usually yes, if your spouse is your agent. Many people prefer that a trusted relative or friend make medical decisions while a divorce is underway.
Keep reading
- Life Events That Should Trigger a Legal CheckupA new baby, moving in together, divorce, remarriage, deployment or studying abroad all change which legal documents you need. Here's what to update and when.
- New Baby Legal Checklist: Documents to Handle Before and After BirthBeyond the crib and car seat: the legal and financial to-dos for new parents, from birth certificates and insurance deadlines to naming a guardian.
- Moving In Together: The Legal and Financial ChecklistMoving in with a partner? The legal and financial checklist: lease or title, shared expenses, renters insurance, cohabitation agreement, HIPAA and powers of attorney.
- Estate Planning for Blended FamiliesIn blended families, a simple will can accidentally disinherit your children or leave your spouse with too little. Learn the common pitfalls and tools that protect everyone.
- Military Family Care Plan: Legal Documents Before DeploymentSingle service members, dual-military couples and others with dependents need a family care plan. Here's what it covers and the legal documents to sign before deploying.
- Study Abroad Document Checklist for Students and ParentsPassport, visa, insurance and the legal documents that let parents help from home: a study abroad checklist covering powers of attorney, HIPAA, FERPA and more.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.