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The Relation Between of Divorce and Estate Planning

Posted by Crissy Del Percio | Dec 22, 2019 | 0 Comments

divorce and estate planning

Divorce can bring with it an enormous shift in one's family and financial landscape, so understanding its effect on estate planning is crucial as couples navigate its complexities. Let's discuss why updating beneficiaries and wills in light of divorce is both a practical and legal consideration.


The Connection Between Divorce and Estate Planning
Divorce can alter both financial and familial dynamics for those involved. While divorce law encompasses dissolving marriages, estate planning ensures that an individual's wishes regarding asset distribution or dependent care are accurately reflected in legal documents.

Reevaluating Your Will
Wills are at the core of estate planning, outlining how assets will be distributed upon death. After divorce, it's essential to review your will's terms and make necessary modifications so they align with the individual's current wishes. To achieve this aim it may be necessary to remove former partners as beneficiaries as well as reevaluate who you leave your assets to.

Automatic Revocation of Laws
Divorce often results in automatic revocation, nullifying certain provisions of a will that pertain to former partners and invalidating some parts of it that apply directly or indirectly to them. Although, this doesn't always apply.

Beneficiary Designations
Beneficiary designations should be carefully examined. After a divorce, beneficiary designations for financial accounts, retirement plans, life insurance policies, and other assets may need to be changed accordingly.

Children's Guardianship
Divorce brings with it additional considerations beyond asset division for parents. Estate planning can provide a way to secure the future of dependent children by revising and updating guardianship in your will. Doing so ensures your wishes for the upbringing and care of your children. 

Protect Your Assets
Estate planning does more than distribute assets; it also involves safeguarding them during and post-divorce. By including trusts in your estate plan, assets will be managed, distributed, and protected against potential claims or disputes.

Reducing Family Conflict
Modifying wills and beneficiary designations after divorce is one way to reduce family tension. Clear estate planning leaves less room for ambiguity, which helps minimize family disagreement over asset distribution.

Estate Taxes and Divorce
Divorce can affect estate taxes, depending on its jurisdiction and size. Tax implications should be taken into account during post-divorce estate planning to minimize tax burdens while optimizing assets for beneficiaries.

Regular Updates
Estate planning requires ongoing monitoring and revision. When life events such as divorce, marriage, childbirth, or changes in financial circumstances arise, regular reviews are essential in making sure an individual's wishes are accurately reflected within their estate plan.


Divorce can serve as an opportunity to review and revise estate planning documents to reflect an individual's current circumstances and wishes. With professional advice being sought to develop and implement an estate plan comprehensively to help individuals navigate through this complicated terrain with legal certainty and ensure their wishes will be respected into the future.

Divorce and estate planning can be complex processes involving emotional as well as legal complexities, making professional advice invaluable in terms of navigating legal complexities and creating documents that accurately reflect an individual's wishes. Estate planning attorneys offer invaluable assistance with this matter and should always be sought out when undertaking these endeavors. To learn more about this or to hire a divorce lawyer, contact Drama Free Divorce though numbers (816) 615-5555. Our team of legal professionals are excellent in helping people have an amicable separation. 

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 


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