How to Update Your Estate Plan After Divorce

Divorce creates a weird gap where your legal status changes fast, but your paperwork stays stuck in the past. That is how an ex-spouse ends up with decision-making power or money you never meant to leave them, even when your intentions are clear.

The goal is simple: make every place your name appears match your new life. That means beneficiaries, legal documents, and how assets are titled all need to line up, not just your feelings about it.

Start with beneficiary forms that can override your will

Step 1 is tracking down every account that has a beneficiary form, because these often control who gets paid even if your will says something else. Think life insurance, employer benefits, 401(k)s, IRAs, brokerage accounts with “transfer on death,” and bank accounts with “payable on death.” If your ex is still listed, that is a problem you can usually fix with a new form, but you have to actually submit it and confirm it is processed.

This is not a rare mistake. Recent guidance is clear that some employer retirement plans, especially those governed by federal ERISA rules, can still pay benefits to an ex-spouse after divorce if the beneficiary form is not updated directly with the plan administrator, even when state law would normally revoke that designation. (Source: Forbes)

Once that’s done, double-check any employer benefits portals and group life policies. Those systems often sit untouched for years, which is exactly why they bite people later.

Update your core documents and the people who can act for you

After beneficiaries, the next step is updating the documents that control who speaks for you and who inherits through your estate. This usually includes your will, any trust you already have, and the roles inside them like executor, trustee, and guardianship language if you have minor kids. It also includes your financial power of attorney and health care documents, because Divorce laws vary widely by state, and many do not automatically remove an ex-spouse from wills, powers of attorney, or health care documents. Assuming anything was “taken care of” by the divorce is one of the most common estate planning mistakes.

If you are thinking, “I do not even have a will,” you are not alone. A 2025 survey found only 24% of respondents said they have a will, which means a lot of families are relying on default state rules instead of their own plan. (Source: Caring.com)

Step 2 is choosing replacements for any roles your ex held. Pick people who are responsible, reachable, and willing. Then make sure your attorney updates the actual documents, because telling your family “that’s not what I want anymore” does not change what a court will follow.

Retitle assets so ownership matches your new plan

Now you make the paper trail match the plan. Divorce often changes who owns what, but titles and registrations do not always update automatically. This is where people get blindsided by old joint ownership or outdated deeds.

Step 3 is reviewing how major assets are titled, especially real estate. If a home is still held in a way that passes automatically to a co-owner, that can conflict with what you think your will will do. The same goes for vehicles, certain bank accounts, and any shared property that was never properly transferred.

This is also where you check for consistency across the whole plan. A 2025 estate planning report found that 55% of Americans have no estate plan at all, which is a big reason life events like divorce create confusion and delays when something happens unexpectedly. (Source: Trust & Will)

Once titles are corrected, your estate plan actually has a chance to work the way you intended, because the “ownership layer” is no longer fighting your documents.

Lock it in with a quick review so nothing is missed

At this point, most people have handled the biggest risks, but the last step is making sure there are no loose ends. That means confirming beneficiary changes were accepted, making sure your updated documents are signed correctly for your state, and ensuring the people you named know where to find what they need in an emergency.

If you want help getting this done cleanly, Legacy Promises Network can walk you through the update process and connect you with qualified attorneys so your beneficiaries, documents, and asset titles all line up with your new plan. Book a complimentary consultation and get clarity on what to change now versus what can wait.

Start your journey with Legacy Promises Network today.

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