I'm Getting a Divorce—What Does That Mean for My Estate Plan?
Why Your Estate Plan Must Be Updated After Divorce
Divorce brings many changes, and your estate plan should be one of the first things you revisit.While Connecticut law revokes some rights automatically, many important elements—like beneficiary designations and powers of attorney—remain in place unless you change them.
If your estate plan still reflects your pre-divorce wishes, you could unintentionally leave assets or decision-making authority to your ex-spouse.
What You Need to Review
✅ Revise Your Will and/or Living Trust
Your will or revocable living trust likely names your former spouse as:
A beneficiary
An executor or trustee
A guardian for your children
Now is the time to:
Designate new beneficiaries
Choose someone you trust as your executor or trustee
Update guardianship preferences
➡️ Learn more about revocable living trusts
✅ Update Powers of Attorney and Advance Directives
If you have a Durable Power of Attorney or Health Care Directive naming your ex-spouse, they may still be able to make legal or medical decisions on your behalf.
To protect yourself, replace these documents with updated versions.
➡️ Learn about incapacity planning
✅ Change Beneficiary Designations
Assets like the following pass outside your will and must be changed directly:
Retirement accounts (401(k), IRA)
Life insurance policies
Payable-on-death (POD) bank accounts
Even if your divorce is final, your ex-spouse could legally inherit these unless you update the beneficiaries.
✅ Reassess Your Entire Estate Strategy
Divorce often changes your:
Net worth
Goals for children or heirs
Risk tolerance
It may be the right time to:
Create a new estate plan from scratch
Set up trusts to protect your children’s inheritance
Explore asset protection strategies for a new financial future
➡️ See our full estate planning services
✅ Update Guardianship Provisions
If you have minor children, your estate plan should name a trusted guardian. While the surviving parent usually retains custody, planning for all outcomes is essential—especially in blended families or contentious situations.
Don’t Wait—Protect What Matters Most
As a Wilton-based estate planning attorney, I’ve helped many clients throughout Fairfield County navigate the estate planning changes required by divorce. Whether you’re in Westport, New Canaan, Darien, Weston, Ridgefield, Redding, Stamford, or beyond I offer personalized guidance tailored to your new life stage. Contact us to get started today.
About Elizabeth Roache
Elizabeth Roache is an experienced estate planning attorney based in Wilton, CT. She provides high-quality, personal legal guidance to individuals and families throughout Fairfield County, including Darien, New Canaan, Westport, Ridgefield, Redding, Norwalk, Weston, and Stamford.
