New Documents for a New Chapter: Estate Planning Tips After Divorce
“The only constant in life is change.”
This quote, often attributed to the Greek philosopher Heraclitus, rings especially true in today’s world. Whether it’s the tender promise of spring in April buds or the chaos of your latest social media scroll, change is everywhere. And perhaps nowhere is it more personal than in our relationships.
Change might mean welcoming a new baby, grieving the loss of a beloved parent, or navigating the end of a long-term relationship. All of these life shifts call for updated estate planning documents—yes, even (and especially) after a divorce.
While a family law attorney guides you through the divorce itself, many people forget to follow up with an estate planning attorney once the papers are signed. But here’s the truth: divorce can dramatically affect your estate plan, and updating those documents is crucial to protect yourself, your children, and your future.
Here are some of the important considerations in estate planning after divorce.
Update Your Will and/or Trust
Many people name their spouse as the personal representative (executor) of their will or the trustee of their trust during marriage. After divorce, those designations often need to be changed, along with any asset distributions that originally included your ex-spouse.
This is also a great opportunity to reassess whether you need a trust, if one hasn’t already been established. Trusts can be helpful for the following:
● Managing alimony or child support payments
● Planning for guardianship of minor children
● Reducing potential legal battles or confusion later on
A seasoned estate planning attorney can help determine if a trust is the right choice after divorce.
Revisit Your Beneficiary Designations
Here’s a common mistake: forgetting to update life insurance policies, retirement accounts, or payable-on-death accounts after a divorce.
Minnesota law automatically revokes a spouse as a beneficiary upon divorce. This applies to life insurance, trusts, wills, and other assets where the spouse was named as a beneficiary. It's a good idea to consult with an attorney to understand the implications of beneficiary designations in your specific situation, especially if a spouse is to remain a beneficiary. It's crucial to have contingent beneficiaries reviewed as well, as they will become primary beneficiaries if the primary beneficiary is revoked.
In addition, your estate planning documents are not automatically updated when your divorce is finalized, which could be confusing or distressing. Post divorce is a good time to reevaluate your beneficiary designations and contingent beneficiary designations, as well as the individuals you desire to assist you during a time of incapacity or death to make certain these match your intentions. Be sure to update your beneficiaries in accordance with your divorce decree, and consult your attorney to avoid future complications or potential litigation.
Review Your Healthcare Directive and Power of Attorney
Estate planning isn’t just about what happens after you’re gone; it’s also about protecting you while you’re still here.
If you named your former spouse as your healthcare agent or financial power of attorney, you may want to make a change. In case of illness or incapacitation, most people prefer to have someone they currently trust making critical decisions on their behalf.
A simple review of these documents can offer peace of mind and ensure your wishes are respected. This would also be a good time to review the extra wishes you included with your healthcare directive!
Reevaluate Guardianship Plans
If you have minor children, it’s especially important to revisit your estate plan after divorce. While custody is usually addressed in family court, your will or trust may include important information about guardianship in the event of your death.
If you have concerns about your ex’s capacity to parent—such as issues with addiction or instability—your estate planning documents may need to clearly express your wishes for your children’s care.
Why Two Attorneys Are Better Than One
Estate planning and divorce are both legal processes, but they require different areas of expertise. That’s why it’s wise to work with both a divorce attorney and an estate planning attorney during and after your divorce.
Together, they can ensure your documents align with your post-divorce reality and support you as you step confidently into your next chapter.
Join Melissa Miroslavich at Daisy Camp!
If you’re looking for practical guidance on estate planning after divorce, join attorney Melissa Miroslavich for a virtual workshop at Daisy Camp on May 1, 2025. Melissa will cover what you need to know to protect yourself, your assets, and your children.
You’ll walk away with clarity and confidence. We’d love to see you there!
Sign up or get more information HERE.
Don’t Wait. Update!
If you’ve recently gone through a divorce, don’t let your estate plan fall through the cracks. The decisions you make today can save your loved ones stress, confusion, and potential conflict down the road.
Schedule a consultation with Miroslavich Law today so your estate plan reflects your new beginning!
