Divorce doesn't just change your marital status — it reshapes your entire life. And while the focus is often on child custody, property division, and support arrangements, one critical area that's frequently overlooked is estate planning. 

Whether you're newly divorced or just beginning the process, it's essential to understand how divorce impacts your existing estate plan and why updating your documents should be one of your top post-divorce priorities.

How Divorce Affects Your Estate Plan

During marriage, it's common to name your spouse as:

• Yourbeneficiary on life insurance, retirement accounts, and pensions

• Your agent in a power of attorney or healthcare directive

• The executor of your will

• A joint owner of bank accounts and property

Once the divorce is finalized, you may no longer want— or be legally allowed —to have your former spouse in those roles. But unless you actively change these designations, they may remain in place.

Key estate planning documents that need review:

• Last Will and Testament

• Revocable Living Trust

• Healthcare Directive

• Financial Power of Attorney

• Life Insurance & Retirement Account Beneficiaries

Risks of Not Updating Your Plan

Failing to update your estate plan after a divorce can lead to unintended and potentially devastating outcomes:

• Your ex-spouse could inherit your assets if listed as a beneficiary on insurance policies or financial accounts.

• Your ex could make medical or financial decisions on your behalf in a crisis.

• Guardianship designations for your children might not reflect your wishes.

• A new partner or children from another relationship may be excluded from your plan.

Divorce and Minor Children: What to Consider

If you have children, divorce makes estate planning even more important. In the event of your passing, you want to ensure:

• A trusted guardian is named (especially if you're concerned about the other parent's fitness)

• A trust is in place to manage money for your children until they reach adulthood

• Your ex is not managing large sums of money on your children's behalf, unless you explicitly wish that

What Should Be Done (and When)

Ideally, estate planning updates should happen in two phases:

1. During the Divorce

• Revoke or modify your powers of attorney

• Update your healthcare directive

• Re-title assets where appropriate

• Consider creating a temporary will or trust

2. After the Divorce is Final

• Execute a new will or trust

• Name new beneficiaries on life insurance and retirement accounts

• Revisit your guardianship and trustee selections

• Establish or revise any asset protection strategies or plans for new relationships

How Our Firm Can Help

At Shakhan & Wilkerson Law, we recognize that divorce is not just a legal transition — it's a life transition. That's why we take aholistic approach to your legal needs, offering both family law and estate planning services under one roof.

Our team can:

• Coordinate your divorce decree with your estate plan

• Ensure all legal documents reflect your current wishes

• Help protect your legacy, your loved ones, and your peace of mind

Divorce marks a new chapter. An updated estate plan ensures that chapter is written on your terms.

If you've recently divorced — or are in the process — let's talk about protecting what matters most. Book a consultation today and take control of your future. Give us a call at 478-845-1213 or 404-999-9529.