What Happens If I Don’t Change My Will After Divorce?
Let’s face it, most of us put off estate planning. Maybe you assume it’s not urgent, especially if you’re married and expect everything to go to your spouse. Or you figure your assets already have beneficiary designations in place and you're covered.
Then life changes. You get divorced. And in the middle of everything else—custody arrangements, moving, paperwork—your estate planning documents often fall through the cracks. But what really happens if you don’t update them?
Beneficiary Designations
This is where mistakes can be costly. Federal law does not revoke beneficiary designations after a divorce. If your ex-spouse is still listed on your life insurance, retirement accounts, or other assets, they may still receive them. To avoid this, it’s important to update your beneficiary designations as soon as your divorce is finalized.
Wills and Revocable Trusts
In Virginia, if your Will or Revocable Trust was created before your divorce, any provision benefiting your former spouse is automatically revoked. While this offers some protection, it’s still smart to update these documents. If you have minor children, for example, you may now need a Revocable Trust. You might also want to simplify the probate process or reconsider how your estate would pass if you’re unmarried and childless. Without updates, your assets may end up with relatives you didn’t intend to benefit.
Medical Directives and Powers of Attorney
Medical Directives are revoked automatically when a divorce or custody action is filed. HOWEVER, a Power of Attorney remains valid unless you change it. Since this document gives someone the authority to act on your behalf in legal and financial matters, it’s critical to ensure it reflects your current wishes.
Why It Matters
Updating your estate plan isn’t just about preparing for death; it’s also about planning for incapacity. Once you lose the ability to make decisions, no one can legally update your documents for you, and the alternative—court-appointed guardianship—is a lengthy and expensive process.
Take a moment to double-check your designations and documents. A few updates today can save your loved ones confusion, stress, and unintended consequences in the future.
If you have questions or need help completing the paperwork for a divorce in Virginia, Family First Law is happy to consult with you and assist you with the process.
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