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Divorce doesn’t just split up a marriage—it also disrupts your legal and financial future. If you’ve recently divorced or are going through it, your estate plan needs attention.
Failing to update your plan could leave your ex-spouse in control of your assets, health care decisions, or even guardianship of your children. Here’s how smart estate planning helps protect what matters.
Why Estate Planning Matters After Divorce
During marriage, many people name their spouse as:
- Executor of their will
- Power of attorney
- Health care agent
- Primary beneficiary on retirement accounts, life insurance, or bank accounts
After divorce, those designations often don’t make sense anymore—but unless you change them, they may stay in effect.
Risks of Not Updating Your Plan:
- Your ex-spouse inherits your assets
- They could make medical decisions on your behalf
- They may remain listed as guardian of your minor children
- Outdated documents could trigger costly legal disputes
Key Steps to Update Your Estate Plan After Divorce
1. Revoke and Redraft Your Will
Your Will should reflect your new reality. That includes:
- Naming a new executor
- Updating who inherits your property
- Appointing a new guardian for your children, if needed
In Georgia, a divorce automatically revokes provisions in favor of a former spouse in a Will, but it’s still smart to create a new one to avoid confusion.
2. Update Your Powers of Attorney
If your ex is listed as your agent under a financial power of attorney or advance directive for health care, you’ll want to name someone else—fast. These documents give broad authority, and they remain valid until you revoke them.
3. Change Beneficiary Designations
Some of the most overlooked estate planning assets are those that pass outside your will, including:
- Life insurance
- Retirement accounts (IRA, 401(k))
- Payable-on-death (POD) bank accounts
These go directly to the named beneficiary, regardless of what your will says. Update these forms with the appropriate institutions right away.
4. Review Your Trusts (If You Have Them)
If you have a revocable living trust, you may need to:
- Remove your ex-spouse as trustee or beneficiary
- Amend the trust terms to reflect new plans for your children or heirs
If you and your spouse created a joint trust, speak with an attorney about how it should be handled post-divorce.
5. Protect Minor Children
If you have kids, your estate plan should:
- Name a preferred guardian
- Create a trust to hold their inheritance until they reach a certain age
- Appoint someone you trust (not your ex) to manage those funds
Otherwise, your ex-spouse may end up controlling any assets left to your children.
What If You’re in the Middle of a Divorce?
You may not be able to make all changes right away. Georgia law often restricts transfers of property while a divorce is pending. But you can usually:
- Revoke powers of attorney
- Update health care directives
- Create a new will
- Start planning for post-divorce changes
Work with your divorce attorney and estate planning attorney to coordinate updates within the bounds of the law.
Let Hurban Law Help You Move Forward
Divorce is a turning point—and your estate plan should reflect your new life. At Hurban Law, LLC, we help clients in Georgia update or rebuild their estate plans after divorce, so their assets, decisions, and loved ones are fully protected.
Contact us today to review your current documents and build a plan that works for your future.
