What Should You Change About Your Estate Plan After Divorce?
Divorce marks the end of one chapter and the beginning of another. While you’re navigating the emotional and financial complexities of dissolving your marriage, it’s crucial to address how this major life change affects your estate plan. For high-asset couples, the stakes are particularly high — substantial wealth, complex financial structures, and intricate family dynamics all require careful consideration.
Your estate plan was likely created with your spouse as a central figure. Now that you’re divorced or in the process of divorcing, leaving these documents unchanged could have devastating consequences. Your ex-spouse might inherit assets you never intended them to receive, or worse, they could make critical healthcare and financial decisions on your behalf when you’re unable to do so yourself.
The good news? Florida law provides some automatic protections; however, relying solely on these statutory changes is insufficient. A comprehensive review and update of your post-divorce estate plan ensures your assets are protected and your wishes are honored, giving you peace of mind as you move forward with your new life.
Understanding Florida Law’s Automatic Protections
Florida law recognizes that divorce fundamentally changes the relationship between former spouses and provides some automatic protections. After your divorce is finalized, Florida Statute 732.507 treats your ex-spouse as if they predeceased you for purposes of your will and certain trust provisions.
This means that any gifts to your ex-spouse in your will are automatically revoked, and they cannot serve as your personal representative. Similarly, revocable trust provisions benefiting your ex-spouse are generally voided.
However, these automatic revocations have important limitations. They don’t apply to beneficiary designations on retirement accounts, life insurance policies, or other financial products. They also don’t affect irrevocable trusts or update your healthcare directives and powers of attorney.
Why Relying on Automatic Revocation Isn’t Enough
While Florida’s automatic revocation statute provides some protection, it creates potential complications that can be avoided with proper estate plan updates. When provisions are automatically revoked, it can create gaps in your estate plan or trigger unintended consequences in how your assets are distributed.
For example, if your will left everything to your ex-spouse with your children as alternate beneficiaries, the automatic revocation means your assets would go directly to your children — even if you wanted to provide for other family members or charitable causes.
Additionally, automatic revocation doesn’t address practical concerns, such as who will serve as your personal representative or trustee. Proactive updates ensure that your estate plan functions smoothly and accurately reflects your current wishes.
Key Estate Planning Documents to Review and Update
When divorce becomes final, several critical documents in your estate plan require immediate attention. Each serves a specific purpose in protecting your interests and ensuring your wishes are carried out.
1. Last Will and Testament
You will likely name your ex-spouse as a primary beneficiary, executor (called a personal representative in Florida), or guardian for your minor children. These designations need immediate revision. Create a new will that reflects your current wishes, naming trusted family members or friends to serve in these important roles.
Consider how you want your assets distributed among your children, other family members, or charitable organizations. If you have minor children, selecting a new guardian becomes particularly important — this person will raise your children if something happens to you.
2. Revocable Living Trust
If you established a revocable living trust during your marriage, your ex-spouse was likely named as a successor trustee or beneficiary. You need to remove them from these roles and update the trust’s distribution provisions to reflect your new circumstances.
For high-asset individuals, trusts often contain complex provisions for business interests, real estate holdings, and investment portfolios. Each of these components needs to be carefully reviewed to ensure they align with your post-divorce financial picture and goals.
3. Beneficiary Designations
Perhaps the most overlooked aspect of post-divorce estate planning involves updating beneficiary designations across all your financial accounts. These designations typically supersede instructions in your will, and are not automatically updated by your newly divorced status, making them critically important to update.
Review and change beneficiaries on:
- Retirement accounts (401(k)s, IRAs, pension plans)
- Life insurance policies
- Bank and investment accounts
- Annuities and other financial products
Many high-asset individuals maintain multiple accounts across various institutions, so create a comprehensive list to ensure nothing gets missed.
4. Durable Power of Attorney
Your power of attorney document likely grants your ex-spouse broad authority to make financial decisions on your behalf if you become incapacitated. Revoke this document immediately and create a new one naming a different trusted individual as your agent.
Choose someone who understands your financial situation and will act in your best interests. For complex estates, consider naming a financial professional or institution to serve in this capacity if you don’t have someone you trust.
5. Healthcare Directives
Update your Designation of Healthcare Surrogate to remove your ex-spouse and name someone you trust to make medical decisions for you. Also, create new HIPAA authorization forms to ensure your chosen healthcare surrogate can access your medical information.
Consider naming both a primary and an alternate healthcare surrogate to ensure someone is always available to advocate for your medical care preferences.
How Professional Legal Support Makes a Difference
An experienced estate planning attorney can help you navigate these complexities while ensuring your plan is comprehensive and properly coordinated. They can identify potential issues you might overlook and suggest strategies to optimize your estate plan for your new circumstances.
At C. Alvarez Law, we understand that divorce represents both an ending and a new beginning. Our compassionate approach recognizes the emotional challenges you’re facing while providing the strategic advocacy necessary to protect your interests and those of your loved ones.
We work with high-asset clients to create estate plans that address complex financial structures, business interests, and family dynamics. Our team takes time to understand your unique situation and goals, ensuring your post-divorce estate plan provides the protection and peace of mind you deserve.
Our comprehensive approach includes reviewing all existing documents, identifying necessary updates, coordinating with your other professional advisors, and implementing changes efficiently. We also provide ongoing support as your circumstances continue to evolve.
Protecting Your Legacy After Divorce
Divorce doesn’t just end a marriage — it creates an opportunity to reassess your priorities and ensure your estate plan reflects your values and goals. Taking prompt action to update your estate plan protects your assets, provides clarity for your loved ones, and gives you control over your legacy.
The complexity of post-divorce estate planning requires careful attention and professional guidance. Don’t leave these critical decisions to chance or rely solely on automatic legal provisions that may not fully address your needs.
Schedule a consultation with C. Alvarez Law today to review your estate plan heading into your divorce and ensure it provides the comprehensive protection you need as you move forward with your life. Our experienced team is ready to provide the compassionate, strategic advocacy that will give you confidence in your estate planning decisions.
C. Alvarez Law
Latest posts by C. Alvarez Law (see all)
- 7 Key Factors to Know About High-Asset Alimony - January 9, 2026
