• Facebook
  • Twitter
  • Instagram
  • Youtube
Call Us: (626) 355-4000
Cali Law
  • Home
  • Get Started Here
    • Estate Planning Basics
    • Single Parents
    • Married with Children
    • Life Partners with Children
    • Those Without Children
  • Who We Are
    • About Marc G. Garlett
    • How We Are Different
    • Meet Our Team
    • Our Office
    • Client Testimonials
  • Our Services
    • Estate Planning
    • Trust Administration
    • Probate Administration
    • Legacy Preservation
    • Community Outreach
  • Common Questions
  • Blog
  • Contact Us
  • Menu

5 Estate Planning Must-Dos if You’re Getting Divorced—Part 1

Beneficiaries, Divorce, Estate Planning, Estate Planning Blog, Parents

Divorce can be traumatic for the whole family. Even if the process is amicable, it involves many tough decisions, legal hassles, and painful emotions that can drag out over several months, or even years.

That said, while you probably don’t want to add any more items to your to-do list during this trying time, it’s absolutely critical that you review and update your estate plan—not only after the divorce is final, but as soon as possible once you know the split is inevitable.

Even after you file for divorce, your marriage is legally in full effect until your divorce is finalized. That means if you die while the divorce is still ongoing and you haven’t updated your estate plan, your soon-to-be-ex spouse could end up inheriting everything. Maybe even worse, in the event you’re incapacitated before the divorce is final, your ex would be in complete control of your legal, financial, and healthcare decisions.

Given the fact you’re ending the relationship, you probably wouldn’t want him or her having that much control over your life and assets. If that’s the case, you must act, and chances are, your divorce attorney is not thinking about these matters.

While California law limits your ability to completely change your estate plan once your divorce has been filed, the following are a few of the most important updates you should consider making as soon as possible when divorce is on the horizon.

1. Update your power of attorney documents for healthcare, financial, and legal decisions
If you are incapacitated by illness or injury during the divorce, who would you want making life-and-death healthcare decisions on your behalf? In the midst of divorce, chances are you’ll want someone other than your soon-to-be ex making these important decisions for you. If that’s the case, you must act immediately; don’t wait.

Similarly, who would you want managing your finances and making legal decisions for you? Considering the impending split, you’ll most likely want to select another individual, particularly if things are anything less than friendly between the two of you. Again, you must take action if you do not want your spouse making these decisions for you. Don’t wait.

2. Update your beneficiary designations
Failing to update beneficiary designations for assets that do not pass through a will or trust, such as life insurance policies and retirement accounts, is one of the most frequent—and tragic—planning mistakes made by those who get divorced. If you get remarried following your divorce, for example, but haven’t changed your IRA beneficiary designation to name your new spouse, the ex you divorced 10 years ago could end up with your retirement savings upon your death.

That said, once either spouse files divorce papers with the court, neither party can legally amend their beneficiaries without the other’s permission until the divorce is final. Given this, if you’re anticipating a divorce, you may want to consider changing your beneficiaries prior to filing divorce papers. If your divorce is already filed, once the divorce is finalized making these changes should be your number-one planning priority. In fact, put it on your to-do list right now!

Next week, we’ll continue with part two in this series on the critical estate-planning updates you should make when divorce is inevitable.

Dedicated to empowering your family, building your wealth and defining your legacy,

April 25, 2019/by CaliLaw
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.calilaw.com/wp-content/uploads/2019/04/divorce-91024.jpg 578 1400 CaliLaw https://www.calilaw.com/wp-content/uploads/2020/02/Cali-Law-Logo-A5-1-300x99.png CaliLaw2019-04-25 09:10:112019-04-25 09:10:115 Estate Planning Must-Dos if You’re Getting Divorced—Part 1

Blog Categories

  • Asset Protection
  • Beneficiaries
  • Blended Family
  • Business Succession Planning
  • Common Mistakes
  • Dementia
  • Digital Estate Planning
  • Divorce
  • Education
  • Elderly
  • End of Life
  • Estate Planning
  • Estate Planning Blog
  • Family
  • Family Values
  • Financial Caregivers
  • Gifting
  • Healthcare
  • Inheritance
  • Insurance
  • Kids Protection Planning
  • Legacy Planning
  • Long-term Care
  • Marc's Personal Blog
  • Medicare
  • Naming Legal Guardians
  • News
  • Parents
  • Personal
  • Pets
  • Power of Attorney
  • Probate
  • Real Estate
  • Retirement
  • Same Sex Couples
  • Special Needs Children
  • Spendthrift Trusts
  • Taxes
  • Trusts
  • Uncategorized
  • Wills
  • Wills vs. Trusts

Get In Touch

Phone

(626) 355-4000

Address

100 West Lemon Avenue
Monrovia, California 91016

Schedule a Free Consultation

Simply Fill Out This Form

7 + 0 = ?

4 Critical Estate Planning Tasks to Complete Before Going on Vacation 5 Estate Planning Must-Dos if You’re Getting Divorced—Part 2
Scroll to top