Divorce is one of the most significant—and often overwhelming—life changes a person can experience. During a divorce, clients are understandably focused on immediate concerns like their children, their home, and getting through the day-to-day demands of the process. Estate planning is rarely at the top of that list, and that is completely understandable
That said, there are a few relatively simple updates you can make to your estate plan during and after a divorce that can help ensure the right people are in place to care for you and receive your assets if something unexpected happens. Think of this less as adding another major task to your plate and more as a way to avoid unintended outcomes during an already difficult time.
Why Timing Matters
One might assume that once they file for divorce, their spouse is automatically removed from roles such as healthcare decision-maker and agent under a financial power of attorney. In Georgia, that is usually not the case, however. Until a divorce is final, your spouse may still:
- Have financial decision-making authority under your existing power of attorney
- Be named to make healthcare decisions for you
This means that if something unexpected happens to you during the divorce resulting in your incapacity, your spouse could still be the person making critical decisions on your behalf. This means that if you wind up not being able to make decisions for yourself, your spouse may be able to decide to go ahead and pull your plug! This is why preparing an updated Advanced Directive for Healthcare and Power of Attorney naming a new, trusted agent is important during the pendency of divorce.
Also, married couples commonly name each other as the primary beneficiary and executor/trustee of their pre-divorce estate plan. While a final divorce generally revokes provisions in a will that benefit a former spouse or nominate them to serve in a fiduciary role, this automatic revocation does not update your documents to reflect your new wishes. Thus, after a divorce, you will likely want to update your estate plan to change your named beneficiaries, appoint a different executor or trustee, and/or revisit guardianship nominations if you have minor children.
The Bottom Line
If you are going through a divorce, you already have a lot on your plate. Updating your estate plan can feel like one more thing to manage, but it doesn’t have to be overwhelming. With the right guidance, a few targeted updates can give you clarity and peace of mind during a time when so much else is in flux.
Sarah Hegener
