What Divorce Really Does to Your Estate Plan (Hint: Not Enough)
Divorce is one of life’s biggest turning points — emotionally, legally, and financially. And while finalizing your divorce may feel like closing the book on a past chapter, there’s one area that often gets left behind: your estate plan.
Many people assume that once a divorce is finalized, their ex is automatically removed from everything — the will, the power of attorney, the beneficiary designations. Unfortunately, that’s not always true. In fact, in many cases, your ex could still inherit from you, make decisions on your behalf, or have legal authority over your estate — unless you’ve actively updated your documents.
Here’s what divorce does — and doesn’t do — to your estate plan.
Divorce May Revoke Certain Roles — But Not All
In many states, including Georgia, divorce automatically revokes certain provisions in your will or trust that name your ex-spouse — such as their right to inherit, or serve as your executor or trustee. However:
- This only applies after the divorce is finalized — not during separation.
- It may not apply to other roles, like power of attorney, healthcare directive agent, or guardian for minor children.
- It doesn’t touch beneficiary designations on things like life insurance, IRAs, or 401(k)s — those must be changed manually.
Bottom line: the law tries to help — but it doesn’t go far enough. Without proactive updates, there may be legal gaps or unintended consequences.
The Danger of Outdated Beneficiary Designations
One of the most overlooked risks after divorce is outdated beneficiary forms. These override your will — and they don’t automatically change when your marital status does.
That means your ex could still be listed as the beneficiary of your:
- Life insurance policy
- Retirement accounts (IRA, 401(k), pension)
- Payable-on-death bank accounts
- Investment accounts
- Annuities
In many cases, your ex will receive those assets — regardless of what your divorce decree or will says — unless you’ve updated the beneficiary designation with the institution.
Your Ex Could Still Have Power Over Medical or Financial Decisions
If you named your ex as your:
- Power of attorney for finances or legal matters
- Healthcare agent under your advance directive
Those roles often remain valid until revoked. If you become incapacitated, your ex could still be the one making decisions – unless you’ve legally updated those documents.
If You Have Kids Together, It’s Even More Important to Plan
If you and your ex share children, the estate planning picture gets more complicated. Without proper planning:
- Your ex may gain control of assets you leave behind for your children.
- You may miss the opportunity to appoint a guardian in case something happens to you.
- Minor children may receive assets outright at 18 — rather than in a trust you control.
A carefully updated estate plan lets you leave assets in trust for your children, select a trustee you trust (who isn’t your ex), and lay out the terms of their inheritance.
Final Thoughts on Steps to Take After Divorce to Protect Your Estate
- Create a new will or trust. Even if your old one technically revokes your ex, it’s cleaner and safter to start fresh.
- Update all beneficiary designations. Don’t assume they’re changed – check with each financial institution.
- Revoke and reassign powers of attorney and health care directives.
- Revisit guardianship and trusteeship choices for minor children.
Divorce may legally end a marriage, but it doesn’t automatically rewrite your estate plan. And in the eyes of financial institutions and probate courts, what’s on paper matters more than what’s in your heart — or your divorce decree.
If you’ve recently gone through a divorce (or are in the process), take the time to revisit your estate plan. Your future — and your family’s — depends on it.
