Estate Planning after Divorce

It makes sense to revisit your estate plan after any major life change, including new child, marriage and divorce. You want to ensure you are leaving your assets to the individuals you intend to and that can change over time. Sometimes, individuals do not get around to updating their plan leaving their heirs to deal with the fallout. Luckily, in the case of divorce, there is some protection offered by law. Specifically, any provision in a will relating to the testator’s spouse will become ineffective upon divorce unless it is clear the provision was intended to remain post-divorce. The same is true if the testator is in the midst of divorce proceedings and grounds for divorce have been established. Establishment of grounds is by order of the court and requires more than just the filing/service of a divorce complaint.

 

The rule for wills is also applied to beneficiary designations. The law provides that any designation naming a prior spouse shall become ineffective upon divorce. However, a prior spouse would still be entitled to receive their share of the asset if awarded to them pursuant to equitable distribution, where applicable. Your estate plan may also be automatically modified in the event of marriage. If a testator marries after making a will, the surviving spouse shall at least be entitled to what they would have received without a will if they are not named. Intention is also a factor here. If the document notes the upcoming marriage, the law does not apply to change the will.