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The Impact Divorce Has On Your Estate Plan
03 Mar, 2024

The Impact Divorce Has On Your Estate Plan

Divorce can be challenging and emotionally draining, often significantly changing a couple’s financial situation. Alongside property and asset division, it is essential to recognize the impact divorce can have on your estate plan

The following article provides an overview of how divorce can affect your estate plan and the importance of seeking legal guidance during this transition.

Understanding Estate Plans and Divorce

An estate plan is a comprehensive legal document that outlines your wishes regarding the distribution of your assets, guardianship of minor children, healthcare decisions, and more in the event of incapacitation or death. 

Forbes reports despite the benefits of having an estate plan, only 42% of Americans have a will or estate plan. Divorce raises unique challenges for couples who have a joint estate plan, requiring careful consideration and potential modifications to ensure your wishes are upheld.

What elements are included in an estate plan?

An estate plan typically includes several key elements, such as a will, trust, power of attorney, and healthcare directives. During a divorce, it is crucial to reassess and update these components to reflect your current circumstances and intentions accurately. Here are some key considerations:

  1. Asset Distribution: Divorce often necessitates revisiting the distribution of assets and property outlined in your estate plan. Updating beneficiary designations and asset allocation ensures that your assets are distributed according to your wishes, even in divorce.
  2. Guardianship Designations: If you have minor children, reviewing and potentially revising guardianship designations in your estate plan is essential. Guardianship designations ensure that appropriate arrangements are made for their care and well-being in the event of your incapacity or death.
  3. Power of Attorney: Revisit and update your power of attorney designation to reflect changes in your marital status. This designation grants someone the authority to make financial and legal decisions on your behalf if you cannot do so.
  4. Healthcare Directives: Divorce may necessitate reevaluating your healthcare directives, such as a living will or healthcare proxy, to ensure that your healthcare decisions align with your current circumstances and wishes.

Does an estate plan protect assets and retirement?

An estate plan offers a valuable opportunity to protect your assets and retirement savings. You can ensure your wealth’s preservation and controlled distribution through strategies like establishing trusts. Proper estate planning can also minimize tax obligations, protect your assets from potential creditors, and provide for your loved ones most efficiently and securely.

Are you concerned about an estate plan during your divorce? Contact us today.

Navigating the complexities of estate planning during or after a divorce requires professional guidance and expertise. From drafting and updating your estate plan to addressing property and asset division concerns, their knowledgeable attorneys can provide comprehensive advice and support. Seeking legal representation, such as that offered by SLG Family Law, ensures that your estate plan is tailored to changing circumstances, protecting your assets, and upholding your legacy. 

By working with experienced legal professionals, you can navigate the intricacies of estate planning during or after divorce, securing your financial future and fulfilling your wishes. Contact SLG Family Law today to benefit from their expertise in estate planning and divorce-related matters. 



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