Your life is changing. Your documents should too.
Divorce rewrites your legal defaults — your trust, beneficiaries, and powers of attorney may need updating to 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. Policies need to 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
Create a new Healthcare Power of Attorney and Financial Power of Attorney
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.
Are My Beneficiary Designations Protected?
See how your state handles beneficiary designations after divorce, inherited IRA creditor protection, and spousal consent requirements for retirement accounts.
Check Now
How Much Life Insurance Do I Need?
Calculate how much life insurance coverage you need. Accounts for income replacement, debt payoff, college funding, and state-specific factors like cost of living and estate taxes.
Use Calculator
How Do I Sign Estate Documents?
Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).
Check Requirements
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