Estate Planning After Divorce: What to Update

What divorce changes automatically, what it doesn't, and the order to update everything.

By No Brainer Forms Team Updated 3 min read

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

DocumentDoes divorce update it automatically?What to do
WillIn many states, gifts to and appointments of an ex-spouse are revoked when the divorce is finalSign a new will anyway
Life insurance through an employerOften not; federal law can override state revocation rulesFile a new beneficiary form
401(k) and other employer retirement plansOften not, for the same reasonFile a new beneficiary form, following any court order
IRAs and individual life insuranceDepends on your stateFile new beneficiary forms
Financial and health care powers of attorneyIn many states, an ex-spouse agent is revokedSign new documents
Living trustVaries by state and trust termsAmend or restate it
Jointly owned propertyDepends on the divorce decreeRetitle as the decree requires
How divorce affects your documents

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

Does divorce revoke a will?

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.

Will my ex still get my 401(k) or life insurance?

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.

Can I change my beneficiaries while my divorce is pending?

It depends on your state. Some states automatically prohibit changing beneficiaries or moving assets once a divorce is filed. Check before making changes.

Who gets custody of my kids if I die after a divorce?

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.

Should I update my health care power of attorney during a divorce?

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

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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.