Divorce

Your life is changing. Your documents should too.

Divorce rewrites your legal defaults — make sure your trust, beneficiaries, and powers of attorney reflect your life now, not your marriage then.

Why estate planning matters during divorce

Divorce ends a marriage, but it doesn't automatically remove your ex-spouse from your financial life. They may still be named as your beneficiary, your trustee, your healthcare proxy, or the person authorized to manage your finances if you're incapacitated.

State laws vary on what a divorce decree revokes and what it doesn't. The safest path: update everything yourself.

What you need to know

1

Beneficiary updates

Retirement accounts and life insurance pass by beneficiary designation — divorce doesn't automatically change them. If your ex is still named, they may still inherit.

2

Trust replacement

Your existing trust likely names your ex-spouse in multiple roles. A new trust reflects your current wishes and removes ambiguity.

3

Powers of attorney

If your ex holds your healthcare or financial POA, they may still have authority to make decisions for you. Revoke and replace.

4

Guardian nominations

If you have children, revisit who you'd want to raise them if you're not able to — and who you'd want managing their inheritance.

5

Life insurance obligations

Your divorce decree may require specific coverage. Make sure your policies meet those terms and name the right beneficiaries.

6

New emergency contacts

Healthcare directives, HIPAA authorizations — anywhere your ex is named as a contact or decision-maker needs review.

Your divorce checklist

Update beneficiaries on retirement accounts (as permitted during proceedings)

Update beneficiaries on life insurance policies

Create a new trust once your divorce finalizes

Name a new trustee

Revoke powers of attorney granted to your ex-spouse

Update your healthcare directive

Review life insurance requirements from your divorce decree

If you have children: revisit guardian nominations and inheritance terms

Store documents where you (not your ex) can access them

Frequently Asked Questions

It depends on the document and the state. Some states revoke ex-spouse beneficiary designations in wills and trusts automatically upon divorce. But retirement accounts and life insurance are governed by federal law and the beneficiary form itself — divorce typically doesn't change them. Assume nothing updates automatically and review everything yourself.

Maybe not. Many states issue automatic temporary restraining orders (ATROs) during divorce proceedings that prohibit changing beneficiaries, canceling insurance, or transferring assets. Check your state's rules and your divorce filings before making changes. Once the divorce is final, update immediately.

Your ex likely retains parental rights regardless of divorce. If you die, your children will typically go to their other parent — that's not something your estate plan can override. What you can control: who manages their inheritance (your trustee), who serves as backup guardian if both parents are unavailable, and the terms under which your children receive assets.

A new trust is cleaner. Your old trust probably names your ex-spouse throughout — as co-trustee, successor trustee, beneficiary, and more. Amending all of that creates a messy document with room for confusion. Starting fresh ensures your plan reflects your life now, not your marriage.

Follow the decree. Divorce agreements often require maintaining life insurance with your ex-spouse or children as beneficiaries, especially if you owe child support or alimony. Changing those designations could put you in contempt of court. Keep what you're required to keep — and update everything else.

Free tools to help

Documents and calculators to guide you through the process.

As life happens,SimplyTrust
New Baby or Adoption

New Baby or Adoption

Welcoming a new child changes everything. Learn why estate planning is essential for new parents and how to protect your growing family.

Marriage

Marriage

Marriage creates new legal and financial bonds. Learn how to protect your spouse and build your shared future through estate planning.

Loss of a Spouse

Loss of a Spouse

The loss of a spouse requires both grieving and practical planning. Learn how to manage estate transitions and protect your future.

New Home

New Home

Purchasing a home is likely your largest financial commitment. Learn how to protect your property and ensure it transfers to your loved ones.

Inheritance

Inheritance

Inheriting assets brings both opportunity and responsibility. Learn how to manage, protect, and plan for your new wealth.

Retirement

Retirement

Retirement brings new financial realities. Learn how to protect your nest egg, plan for healthcare, and leave a legacy.

Serious Diagnosis

Serious Diagnosis

A serious health diagnosis changes priorities. Learn how to protect your family and ensure your wishes are honored.

Moving to a New State

Moving to a New State

State laws vary significantly for estate planning. Learn what you need to review after relocating to ensure your plan still works.

Death of a Parent

Death of a Parent

Losing a parent is overwhelming. This guide helps you understand what needs to happen next and the steps to settle their estate.

Named as Executor

Named as Executor

Being named executor is an honor and a responsibility. This guide explains what's expected, what you can charge, and how to navigate probate.

Named as Trustee

Named as Trustee

Being named successor trustee means managing trust assets and carrying out the grantor's wishes. This guide explains your duties, timeline, and compensation.