Revisiting Your Estate Plan After Divorce
Divorce isn’t just the end of a marriage. It’s a shift in how your life is structured—financially, emotionally, and legally. With so much in motion, estate planning often falls to the bottom of the list. But in truth, this is one of the most important times to revisit your plan. At Fletcher Estate Planning, we work with clients in transition, helping them regain control over their future and protect what matters most.
Why Post-Divorce Estate Planning Is So Critical
Your old plan probably doesn’t match your new reality. Divorce can impact nearly every part of your estate plan, from your assets and liabilities to who has authority to act on your behalf if something happens to you.
Assets and Debts Have Changed
Your estate now looks different. Property might have been divided. Accounts may have been closed or retitled. You might be responsible for new financial obligations. Any of those changes can affect how your estate functions, both now and later.
Old Beneficiaries May Still Be Listed
Life insurance. Retirement accounts. Payable-on-death accounts. These may still name your ex-spouse if you haven’t gone back to review them. It happens more often than you think. Updating these designations is one of the simplest but most important changes you can make.
Children Add Another Layer
If you have kids, your divorce may affect guardianship plans, financial provisions, or even how trusts are structured. These details matter. The more clearly you spell things out, the less room there is for dispute—or court involvement—later on.
Your Former Spouse May Still Have Legal Authority
Many people don’t realize their ex is still named in their health care directive or financial power of attorney until it’s too late. If you become incapacitated, the wrong person could be making your medical or financial decisions. That’s a risk you don’t need to take.
What You Should Do Now
Start with Your Will
Review it from top to bottom. Executor. Guardianship choices. Specific gifts. Everything should reflect your current intentions. If your ex-spouse is still in a position of authority or stands to inherit, make updates immediately.
Review Your Trusts
If you created a trust during your marriage, check who’s listed as trustee, successor trustee, and beneficiary. Adjustments here can help ensure your assets are distributed properly and managed by the right people.
Replace Outdated Powers of Attorney
Don’t wait until an emergency. Choose someone you trust now to handle financial decisions if you become unable to do so. The same goes for your health care directive. Make sure someone with your best interests at heart is in place.
Talk to Your Financial Institutions
Log into your accounts and check the listed beneficiaries. This includes 401(k)s, IRAs, brokerage accounts, life insurance, and any other account that transfers directly upon death. These override your will, so updating them is essential.
Speak to an Attorney, Not Just a Divorce Lawyer
Your divorce attorney focuses on dividing assets. Your estate planning attorney focuses on what happens next. Together, they create the full picture. Don’t rely on your divorce decree alone to protect your estate.
Communicate Clearly Where You Can
If you share children, keeping communication open with your ex-spouse—at least on estate planning matters—can reduce surprises later. Especially if one parent will have physical custody, aligning on guardianship preferences can help.
Expect to Revisit Things Again
Remarriage, new children, buying property, changing careers—all of these can trigger new needs. Set a reminder to review your plan every year or two. Your future self and your family will thank you.
Final Thoughts
Divorce changes everything. But it doesn’t have to leave you vulnerable. By taking the time now to reassess and revise your estate plan, you can protect your assets, provide for your loved ones, and regain a sense of security in an otherwise uncertain chapter.
At Fletcher Estate Planning, we guide clients through post-divorce planning with clarity, strategy, and care. If you’re ready to take the next step, we’re here to help. Call us to schedule a consultation and build a plan that works for the life you’re living now—not the one you left behind.