Disclaimer: The information contained herein is solely for educational purposes. It is not legal advice or legal authority and is only the author’s interpretation of divorce law and estate planning.
The divorce and estate planning attorneys with Adams & Sullivan P.C., L.L.O. spend a great deal of time helping clients navigate the emotional and financial complexities of ending a marriage, as well as creating a new estate plan that reflects the changed circumstances of their family and financial life.
Once the divorce decree is signed, many people feel a sense of closure and are eager to move forward. Unfortunately, one critical step is often overlooked: updating estate planning documents.
Divorce changes more than your marital status. It fundamentally alters who should make decisions for you and who should benefit from your assets. Failing to update your estate plan can lead to unintended and sometimes devastating consequences.
Why Divorce Makes Estate Planning Urgent
Most estate planning documents are created with marriage in mind. Wills, trusts, beneficiary designations, and powers of attorney often name a spouse as the primary decision-maker or beneficiary. After divorce, those designations may no longer reflect your wishes.
In some states, divorce automatically revokes certain provisions benefiting an ex-spouse, but not all documents are covered, and not all assets follow the same rules. Relying on state law alone is risky and can leave costly gaps.
Documents That Must Be Reviewed and Updated
If you are divorcing or have recently divorced, the estate planning attorneys at Adams & Sullivan recommend reviewing the following documents as soon as possible.
1. Wills and Trusts
Your will may still name your former spouse as executor or beneficiary. Trusts created during the marriage may also need to be amended or restated to reflect your new circumstances.
2. Beneficiary Designations
Retirement accounts, life insurance policies, and payable-on-death accounts pass by beneficiary designation, not by your will.
These designations are frequently overlooked and are one of the most common sources of post-divorce litigation.
3. Powers of Attorney and Health Care Directives
If your former spouse is still authorized to make medical or financial decisions on your behalf, they may legally retain that authority unless your documents are updated.
This is especially critical during emergency situations when immediate decisions may be required.
4. Guardianship Designations for Minor Children
While divorce does not terminate parental rights, estate planning documents often include backup guardians for minor children.
These choices should be reviewed to ensure they align with your current wishes and family circumstances.
The Cost of Doing Nothing
We have seen cases where an ex-spouse inherited assets simply because estate planning documents were never updated.
We have also seen families forced into court to undo outdated beneficiary designations and directives at significant financial and emotional cost.
These outcomes are often avoidable.
Updating your estate plan is not about revisiting the divorce. It is about protecting yourself, your children, and your future.
When Should You Update Your Estate Plan?
Ideally, estate planning should be addressed during the divorce process or immediately after the divorce is finalized.
Coordinating your divorce attorney and estate planning attorney can help ensure that your settlement terms and estate documents work together seamlessly and reflect your current goals.
Moving Forward with Confidence
Divorce represents a new chapter in life.
The divorce and estate planning attorneys at Adams & Sullivan are experienced in Nebraska estate planning after divorce and understand how changes to your estate plan may impact both state and federal tax considerations.
Updating your estate planning documents ensures that your legal and financial protections reflect your new reality. It is one of the most important steps you can take to regain control and move forward with confidence.
If you are going through a divorce or have recently finalized one, speak with an experienced attorney about reviewing your estate plan. Your future self, and your loved ones, will thank you.
About the Authors
C.G. “Dooley” Jolly
Adams & Sullivan, PC, LLO
Patrick J. Sullivan
Adams & Sullivan, PC, LLO
C.G. “Dooley” Jolly
C.G. “Dooley” Jolly attended Creighton University School of Law under a Dean’s Merit Scholarship and graduated in May 1997. He earned a Bachelor of Science degree from the University of Nebraska, graduating cum laude in 1994.
Mr. Jolly served honorably in the United States Marine Corps Reserve from 1986 through 1992.
His practice focuses primarily on divorce and family law, including business and asset valuation, property and debt division, custody matters, paternity actions, financial support issues, and related family law matters. He has extensive trial experience in both state and federal courts throughout Nebraska.
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Patrick J. Sullivan
Adams & Sullivan, P.C., L.L.O. was established in 1951. For more than 30 years, Patrick J. Sullivan has helped property owners, heirs, trustees, and families navigate the interconnected areas of real estate law, probate, trusts, and estate planning.