Do You Need a New Estate Plan After a Divorce?

Quick answer: Divorce is an important time to review and update your estate plan. Florida law automatically revokes certain provisions benefiting a former spouse, including some appointments and beneficiary interests. However, these protections have exceptions, and some accounts and documents may still require changes. Estate planning after divorce helps ensure your will, trusts, beneficiary designations, and decision-makers reflect your current wishes.

Divorce changes many aspects of your financial and personal life, but your estate plan may not receive the attention it deserves. Although Florida law automatically changes certain rights and appointments following divorce, relying on those protections alone can leave important questions unresolved. EC Law Counsel explains why reviewing your estate plan after divorce matters and which documents may need updating.

Why You Need a New Estate Plan After Divorce

Many estate plans created during marriage name a spouse as a beneficiary, personal representative, trustee, or decision-maker. In Florida, divorce automatically revokes certain provisions involving a former spouse, but the rules vary depending on the document and circumstances.

For example, Florida Statute § 732.507(2) generally treats provisions in a will affecting a former spouse as void after divorce, unless the will or divorce judgment expressly provides otherwise. Similar protections apply to certain revocable trust provisions under Florida Statute § 736.1105.

However, these laws do not necessarily address every asset, beneficiary designation, or estate planning concern. Reviewing your documents with an estate planning attorney can help identify outdated provisions, address applicable exceptions, and ensure your wishes are clearly documented.

Create a New Will

Reviewing your will is an important step in estate planning after divorce. Although Florida law generally revokes provisions affecting a former spouse when a marriage is dissolved, other parts of your existing will may no longer reflect your wishes.

• Review your will during the divorce process and again after it is finalized.
• Update your beneficiaries and appoint a personal representative who reflects your current wishes.
• Work with an estate planning attorney to determine whether a new will or another legally appropriate update is needed.
• If creating a new will, include language revoking previous wills to help avoid confusion or disputes.

Review and Update Your Trusts

Trusts require careful review after divorce because the rules depend on the type of trust, its terms, and the circumstances of the divorce.

• Revocable Trusts: Under Florida law, divorce generally revokes certain provisions affecting a former spouse in a revocable trust, unless an applicable exception applies. Reviewing and updating the trust can help clarify who will receive assets and who will manage the trust.
• Irrevocable Trusts: These trusts are generally more difficult to modify. Whether changes are possible depends on the trust’s terms and applicable law. An estate planning attorney can review available options and determine whether modification is appropriate.

Even when Florida law automatically revokes certain provisions, reviewing your trusts helps ensure the remaining terms reflect your current intentions.

Update Your Beneficiary Designations

Updating your will does not automatically update beneficiary designations on accounts that transfer outside probate. These designations should be reviewed separately after divorce.

Common assets to review include:

• 401(k)s and IRAs
• Life insurance policies
• Pay-on-death (POD) bank accounts
• Transfer-on-death (TOD) investment accounts

Under Florida Statute § 732.703, divorce generally revokes certain beneficiary designations in favor of a former spouse, subject to exceptions. However, federally governed retirement plans may follow different rules, and divorce agreements or other legal requirements can affect who receives an asset.

Contact your plan administrators and financial institutions to review your beneficiary designations and complete any necessary updates. Taking this step can help prevent confusion and ensure your assets pass according to your current wishes.

Change Your Powers of Attorney and Health Care Directives

Powers of attorney and health care directives allow trusted individuals to make important decisions on your behalf. If your former spouse was appointed to either role, reviewing these documents after divorce is essential.

Under Florida Statute § 709.2109, a former spouse’s authority under a power of attorney generally terminates when the marriage is dissolved. Similarly, Florida Statute § 765.104 generally revokes a former spouse’s designation as a health care surrogate, unless the directive or divorce order provides otherwise.

Even when these changes occur automatically, you should:

• Review your existing powers of attorney and health care directives.
• Appoint trusted individuals to handle financial and medical decisions.
• Execute updated documents when appropriate and provide copies to relevant parties.

Updating these documents helps ensure the right people are authorized to act on your behalf when needed.

Frequently Asked Questions

How soon after a divorce should I update my estate plan?

You should review your estate plan during the divorce process and update it as soon as appropriate. Some changes may be possible before the divorce is finalized, while others depend on the final judgment and applicable legal requirements.

Will my state automatically remove my ex-spouse from my will?

In Florida, divorce generally revokes provisions in a will affecting a former spouse, unless the will or divorce judgment expressly provides otherwise. However, this does not necessarily update every other estate planning document or beneficiary designation.

What happens if I do not update my power of attorney after divorce?

In Florida, a former spouse’s authority under a power of attorney generally terminates upon divorce. However, you should still review the document and appoint a new agent if necessary to ensure someone you trust can manage your financial affairs.

Does updating my will also update my beneficiary designations?

No. Beneficiary designations on accounts like 401(k)s, IRAs, and life insurance policies pass outside of your will. You must contact each financial institution directly to update these forms.

Do I need an attorney to update my estate plan after divorce?

While some documents can be changed without legal help, irrevocable trusts and complex assets often require legal intervention. Consulting an estate planning attorney helps ensure every document is updated correctly and nothing is overlooked.

Protect Your Future With a New Estate Plan

Divorce marks the end of one chapter and the start of another, and your estate plan should reflect that change. Updating your will, trusts, beneficiary designations, and powers of attorney protects your assets and ensures your family’s future is handled according to your current wishes, not decisions made during your marriage.

Contact the estate planning attorneys at EC Law Counsel today to review and update your documents. Taking this step now means your assets, your health, and your loved ones remain protected under your terms.