How to Update Your Will After Divorce

Divorce changes almost everything—including who gets what when you're gone. If your will still names your ex-spouse as a beneficiary, executor, or decision-maker, it may not reflect your current wishes.

This guide walks you through what divorce does and doesn't do to your existing will, which documents to update, and how to protect your children's inheritance going forward.

Does Divorce Automatically Revoke Your Will?

Divorce does not automatically revoke your entire will. In most states, only the provisions naming your ex-spouse are affected, and even then, the rules vary widely. Your will itself remains valid, which means everything else you wrote stays in place.

Here's where it gets tricky. Some states void gifts to an ex-spouse but leave executor appointments intact. Others revoke both. A handful of states do nothing at all, leaving your will exactly as you wrote it during your marriage.

• Revocation states: Automatically void bequests and fiduciary appointments naming your ex-spouse

• Partial revocation states: May revoke gifts but not executor or trustee designations

• No automatic revocation: Your will stays exactly as written, meaning your ex-spouse could still inherit

Relying on state law alone is a gamble—and one of several estate planning mistakes that can cost your family. The safest path forward is to create a new will or update your existing one as soon as your divorce is finalized (or even sooner). And keep in mind that assets with direct beneficiary designations, like retirement accounts and life insurance, pass outside your will entirely. State revocation statutes don't touch those.

What to Update in Your Will After Divorce

Your will and other accounts probably contain several references to your ex-spouse. Think of this section as a checklist of areas to review rather than a single task to complete.

Beneficiary Designations

A beneficiary is the person who receives assets from your estate. Your ex-spouse may still be named as a primary or contingent beneficiary in your current will or other accounts. After divorce, you can name new beneficiaries, whether that's your children, other family members, friends, or a charitable organization.

Executor and Trustee Appointments

An executor is the person who manages your estate after you pass, handling tasks like paying debts and distributing assets. A trustee oversees any trusts you've created. If your ex-spouse holds either role, it's worth choosing someone else. A trusted family member, close friend, or professional fiduciary are all common choices.

Guardian Designations for Minor Children

A guardian is the person who would raise your children if something happened to you. In a will, guardian designations address who steps in if both parents are gone. Think about whether your choice of guardian changes at all.

Asset Distribution and Specific Bequests

Divorce often changes what you own and how you want it distributed. A specific bequest is a gift of a particular item, like jewelry, a vehicle, or a family heirloom.

• Real estate: Confirm ownership and decide who inherits the home

• Personal property: Reassign items like artwork, collections, or vehicles

• Financial accounts: Update distributions to reflect your current wishes

How to Update Your Will After Divorce

Creating a New Will

Creating an entirely new will is often the cleanest approach after divorce. A will preparation checklist helps you gather everything you need. Your new will explicitly revokes all prior versions, which eliminates any confusion about which document controls. This method works well when your life circumstances have changed significantly.

Using an Online Estate Planning Platform

Modern platforms let you update your will yourself, without hiring an attorney for every change. This approach offers flexibility, especially when life keeps evolving.

With Herbie, you get unlimited updates at no cost, so your estate plan can keep pace with your life. You can also hire a lawyer through Herbie Legal. Get started with Herbie.

Can You Change Your Will During a Divorce?

Yes, you can update your will during divorce proceedings, though some restrictions may apply. Many states impose what's called an automatic temporary restraining order, or ATRO, once divorce is filed. An ATRO limits certain financial actions while the divorce is pending.

What you can typically do during divorce:

• Review your existing estate documents

• Consult with an estate planning attorney

• Prepare updated documents for execution after the divorce

What may be restricted:

• Changing beneficiaries on life insurance or retirement accounts

• Transferring assets out of your name

• Modifying ownership of jointly held property

When in doubt, check with your divorce attorney or wait until the divorce is finalized to avoid complications.

Other Estate Documents to Update After Divorce

Your will is just one piece of your estate plan. Several other documents likely name your ex-spouse and deserve attention.

Revocable Living Trust

A revocable living trust holds assets during your lifetime and distributes them after death, bypassing probate. If you have one, you'll want to update beneficiaries, successor trustees, and possibly remove your ex-spouse entirely. Because assets in a trust pass outside of your will, updating both documents is essential.

Power of Attorney

A power of attorney, or POA, grants someone authority to make financial decisions on your behalf if you become incapacitated. Your ex-spouse likely holds this role and can be replaced immediately, even before your divorce is final in most cases.

Healthcare Directive and HIPAA Authorization

A healthcare directive, sometimes called a living will or advance directive, outlines your medical treatment preferences. A HIPAA authorization allows someone to access your medical records. If your ex-spouse is named in either document, you can update them to designate someone else.

Retirement Account and Life Insurance Beneficiaries

Here's what catches many people off guard: beneficiary designations on retirement accounts and life insurance override your will. Even if you update your will to exclude your ex-spouse, they may still receive these assets if you don't update the account forms directly.

Accounts to review:

• 401(k) and 403(b) plans

• Traditional and Roth IRAs

• Life insurance policies

• Pension plans

• Annuities

Herbie helps you track and organize beneficiary designations in one place. Learn more.

How to Protect Your Children's Inheritance After Divorce

If you have children, you're probably thinking about how to make sure assets reach them rather than your ex-spouse. A few approaches can help.

Naming a Trust for Minor Beneficiaries

Leaving assets directly to minor children creates problems. They can't legally manage money, so a court-appointed guardian would control it until they reach adulthood. A trust holds and manages assets until your children are ready to receive them.

Choosing the Right Trustee

The trustee manages money for your children according to your instructions. If you want to keep assets separate from your ex-spouse's influence, you can choose someone else for this role. A trusted family member, friend, or professional trustee are all options.

Setting Distribution Conditions

You can set conditions on when and how children receive their inheritance. Common approaches include distributions at certain ages, like 25 or 30, or tied to milestones, like completing college. This approach protects against immaturity and outside influence.

What Happens If You Don't Update Your Will After Divorce?

Inaction carries real risks. While state law may offer some protection, that protection is inconsistent and incomplete.

• Your ex inherits your estate: If state law doesn't revoke the bequest, your ex-spouse could receive assets you intended for others

• Probate delays and disputes: Outdated documents invite challenges from family members

• Unintended guardianship issues: Your wishes for your children may not be honored

• Ex-spouse serves as executor: They could manage your estate, even if that's the last thing you'd want

Adding a New Spouse or Partner to Your Estate Plan

After divorce, you may remarry or enter a new partnership—66% of divorced adults do remarry. Blended families require careful planning to balance your new spouse's interests with your children from a prior marriage.

The good news is that your estate plan can evolve with you. Herbie makes it easy to update your plan as relationships change, with no attorney appointments required. Update your estate plan anytime with Herbie.

Post-Divorce Estate Planning Checklist

Here's a practical summary of everything covered, in order of priority.

1. Review Your Current Will and Trust

Read through existing documents and identify all references to your ex-spouse.

2. Update Beneficiaries on All Accounts

Contact financial institutions to change beneficiaries on retirement accounts, life insurance, and bank accounts.

3. Appoint New Executors and Agents

Name a new executor, trustee, and power of attorney agents.

4. Review Guardian Designations

Confirm or update guardian choices for minor children.

5. Retitle Assets If Needed

Make sure property titles reflect post-divorce ownership.

6. Store and Share Your Updated Documents

Keep documents secure and accessible. Share with family, executors, and advisors. Store and share your plan with Herbie.

Updating Your Will After Divorce Made Simple

Estate planning doesn't have to be hard or expensive. Life changes, and your estate plan can keep up.

With Herbie, you get unlimited updates, AI guidance, and secure document storage. No price tag, no complicated process, with online self-directed tools. Get started with Herbie today. Or you can contact us to work with one of our Herbie Legal attorneys.

Frequently Asked Questions About Updating a Will After Divorce

How long after divorce should I update my will?

Updating your will as soon as your divorce is finalized is a safe approach. Acting quickly ensures your estate plan reflects your current wishes and prevents unintended consequences. Consult with your divorce attorney if you have any questions.

Do I need a lawyer to update my will after divorce?

You don't need a lawyer if you use a self-directed platform like Herbie. However, complex estates or disputes may benefit from legal consultation. You can contact Herbie Legal or consult with your divorce attorney.

Can my ex-spouse contest my updated will?

Your ex-spouse can always attempt to contest your will, but that doesn't mean it would hold up in court. Clear documentation and proper signing reduce the risk of a successful challenge.

What if I die before updating my will after divorce?

State law may revoke provisions naming your ex-spouse, but this varies and may not cover all scenarios. Your estate could face probate delays or unintended distributions.

How often should I review my will after major life changes?

Reviewing your will after any major life event, including divorce, remarriage, birth of a child, or significant asset changes, keeps your plan current.