After Divorce: Why Updating Your Estate Documents and Beneficiary Designations Matters

As a family law and estate planning attorney, I often remind my clients: divorce is not just the end of a marriage — it is the beginning of a new chapter. Part of opening that new chapter means making sure your legal documents truly reflect your current wishes and needs.

One very important — and often overlooked — step after divorce is updating your estate planning documents. This includes your Will, Power of Attorney, Advance Medical Directive, and beneficiary designations on financial accounts. Taking care of these updates is an important way to protect yourself, your loved ones, and your future.

Here is why it is important to update your documents sooner rather than later:

Your Former Spouse May Still Be in a Position of Authority

Many people prepare their estate plans while they are married, naturally naming their spouse as:

• Personal representative (executor) of their Will

• Agent under a financial Power of Attorney

• Agent for healthcare decisions under an Advance Medical Directive

• Beneficiary of life insurance policies, retirement accounts, and bank accounts with payable-on-death designations

Unless you update these documents, your former spouse could still have the legal authority to make decisions on your behalf — or even inherit your assets — despite your divorce. Without updated documents, your financial and medical affairs might not be handled the way you intend.

Your Assets Could End Up in the Wrong Hands

Even if you trust that your former spouse would act responsibly, it is risky to leave your old estate documents and beneficiary designations in place. Financial institutions, medical providers, and courts must follow the legal documents they are presented with — not assumptions about what you might have wanted.

Consider the possibilities:

• A life insurance policy intended for your children or a sibling might instead be paid to your former spouse.

• Medical decisions about your care could be made by someone you no longer have a relationship with.

• Your former spouse could have control over your finances in an emergency.

Fortunately, a few simple updates can prevent these kinds of misunderstandings and give you peace of mind.

Protecting Your Children and Planning for the Future

If you have children, updating your estate plan is especially important. You may need to:

• Name a new guardian for your minor children

• Create trusts or other arrangements to manage their inheritance

• Choose a trusted person to oversee financial matters for them until they reach adulthood

If you are remarried or have entered a new relationship, you will also want to ensure that your new spouse or partner is thoughtfully included in your plans. Updating your documents allows you to create a clear, fair plan that reflects your current family situation and future hopes.

Updating Your Documents Is Easier Than You Might Think

The good news is that updating your estate plan after a divorce is usually a straightforward and affordable process. Most updates can be completed within a few weeks, and you will feel a tremendous sense of relief once everything is in place.

Think of this as a gift you give yourself and your loved ones — clear instructions, fewer surprises, and the reassurance that your wishes will be honored.

Even after your divorce, it is a good idea to review your estate planning documents and beneficiary designations every few years to make sure they still reflect your wishes. Life moves quickly, and major events — such as remarriage, the birth or adoption of a child, a significant change in finances, a loved one passing away, or a change in your relationships — can all impact what you want your plan to say. Keeping your documents up to date ensures that no matter what changes life brings, your affairs will always be handled the way you intend.

If you have recently completed a divorce — or if you are in the process of finalizing one — it is a good time to review your estate plan. Taking this step can provide a fresh sense of security as you move into your next chapter. I would be honored to help.

Please reach out to Zadjura Family Law LLC by telephone at (410) 562-9335 or via email at jessica@zadjurafamilylaw.com to schedule a consultation. Together, we can create an estate plan that truly reflects your new beginning.