How to Update Your Will After Divorce (2026 Guide)

Divorce is one of life's most disorienting transitions. You're focused on negotiating assets, child custody, and rebuilding your life — and updating your estate plan is the last thing on your mind. But here's the hard truth: failing to update your will and beneficiary designations after divorce is one of the costliest estate planning mistakes you can make. It can mean your ex-spouse legally inherits your estate, manages your children's finances, or makes your medical decisions.

This guide walks through exactly what you need to update after divorce, what the law does (and doesn't) do automatically, and how to protect yourself and your kids starting today.

What the Law Does Automatically — And What It Doesn't

Most people assume that once they're divorced, their ex-spouse is automatically removed from all their legal documents. This is dangerously wrong.

What typically happens automatically in most states:

• Provisions in your will that benefit your ex-spouse are revoked in most states upon finalization of divorce
• Your ex may be removed as executor in many (but not all) states

What does NOT change automatically:

• Beneficiary designations on life insurance, 401(k)s, IRAs, and other financial accounts
• Living trust provisions — trusts are generally unaffected by divorce
• Powers of attorney — your ex may still hold legal authority over your finances and healthcare
• Joint account ownership and transfer-on-death designations
• Wills in states that don't automatically revoke spousal provisions

The Complete Post-Divorce Estate Planning Checklist

Work through this list as soon as your divorce is finalized — ideally within 30 days:

1. Write a New Will

Don't amend your existing will with a codicil — start fresh. Your old will was written with your marriage in mind: your ex-spouse likely served as executor, received significant assets, and may have been named as guardian of your children alongside you. A new will lets you:

• Name a new executor you trust completely
• Redirect assets to your children, parents, siblings, or new partner
• Name a guardian for minor children (critical if your ex has passed or is unfit)
• Update your burial and personal property wishes

2. Update All Beneficiary Designations

This is the most commonly overlooked step — and the most financially devastating if skipped. Contact each institution directly and update beneficiaries on:

• Life insurance policies (employer-provided and private)
• 401(k), 403(b), and pension plans — requires a new beneficiary designation form
• IRAs (traditional, Roth, SEP)
• Annuities
• Health Savings Accounts (HSAs)
• Bank accounts with payable-on-death (POD) designations
• Brokerage accounts with transfer-on-death (TOD) designations

Don't assume — verify. Call each institution, request the current beneficiary designation on file, and submit updated forms in writing.

3. Revoke and Replace Your Powers of Attorney

If your ex-spouse holds a durable financial power of attorney, they can legally manage your bank accounts, sell your property, and make financial decisions on your behalf — even after divorce in some states. Similarly, if they hold your healthcare power of attorney (also called a healthcare proxy or medical POA), they could make life-or-death medical decisions for you.

Revoke these documents in writing, notify the agents, and create new ones naming someone you currently trust.

4. Amend or Restate Your Living Trust

If you have a revocable living trust, divorce does not automatically remove your ex-spouse as successor trustee or beneficiary. You need to formally amend or fully restate the trust to:

• Remove your ex as successor trustee and name someone new
• Update beneficiary distributions
• Consider whether assets that were marital property need to be retitled

For more on how living trusts work, see our guide: Living Trust vs Will — Which Does Your Family Need?

5. Update Joint Accounts and Property Titles

Your divorce settlement should address joint property, but don't assume it's all handled. Verify that:

• Your home's deed has been retitled per the divorce decree
• Joint bank accounts have been separated or closed
• Vehicle titles reflect the correct ownership
• Any new property you acquire is titled correctly (in your name alone, or in your trust)

6. Review Your Digital Assets

Modern estates include more than real estate and retirement accounts. Update access and ownership of:

• Online banking and investment accounts
• Cryptocurrency wallets
• Business interests or domain names
• Social media and email account legacy settings

What About During the Divorce — Before It's Finalized?

The period between filing for divorce and receiving your final decree is a legal grey zone. In most states, your spouse is still your spouse during this period, which means your existing estate plan remains fully in effect.

If you die during the divorce proceedings, your ex-spouse would typically still inherit under your current will, collect life insurance proceeds as named beneficiary, and hold any power of attorney you've granted them.

Special Considerations When Children Are Involved

Divorce doesn't eliminate your co-parent's legal rights — and your estate plan needs to account for that reality.

Naming a Guardian in Your Will

If both parents are living, courts will virtually always award custody to the surviving parent regardless of what your will says. However, naming a guardian still matters in the unlikely scenario that both parents die simultaneously, or if the surviving parent is deemed unfit by a court. Name someone in your will anyway — it signals your wishes.

Leaving Assets to Minor Children

Here's an uncomfortable reality: if you leave money directly to your minor children, your ex-spouse may end up managing those assets as the surviving parent and natural guardian. To prevent this, consider:

• Creating a testamentary trust within your will that holds assets for your children until a specified age
• Adding a children's sub-trust to your living trust
• Naming an independent trustee (not your ex) to manage the funds

See our related guide: How to Set Up a Trust Fund for Your Children

Life Insurance After Divorce

Your divorce decree may actually require you to maintain life insurance for child support or alimony purposes. Be careful when changing beneficiaries — if your decree requires your children to be named as beneficiaries, you must comply with that order, or you risk contempt of court.

What Happens If You Remarry?

Remarriage creates its own set of estate planning complications — especially when both spouses bring children from prior marriages. If you remarry without updating your estate plan, your new spouse may legally be entitled to a share of your estate (called an "elective share" or "forced share" in most states) even if your existing will leaves everything to your children.

At minimum, after any remarriage you should: create a new will, review all beneficiary designations again, consider a prenuptial agreement to protect children from a prior marriage, and potentially create a new living trust. For a deep dive on this topic, see our guide on estate planning for blended families.

How Much Does It Cost to Update Your Estate Plan After Divorce?

Online estate planning services like Trust & Will offer state-specific documents at a fraction of attorney rates — a practical choice for straightforward post-divorce updates. Complex situations involving trusts for children, business interests, or high-value estates typically benefit from attorney involvement.

Frequently Asked Questions