Divorce and family law issues can feel overwhelming. Between custody arrangements, financial decisions, and rebuilding your future, updating your estate plan may not be the first thing on your mind. But the truth is, estate planning and family law go hand-in-hand—and overlooking it can create serious legal and financial problems down the road.
In this post, we’ll explain why estate planning is such an important step during (and after) a divorce, and how it helps protect your family’s future.
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1. Updating Your Will and Beneficiaries
During marriage, it’s common to name a spouse as the primary beneficiary in your will, life insurance, or retirement accounts. After a divorce, those designations may no longer reflect your wishes.
- Why it matters: Though Ohio law generally disinherits your ex-spouse from a will upon divorce, not updating your will often results in confusion and may invite frivolous claims. Regarding power of attorneys and advance directives, the last thing you want is the confusion that may ensue if your ex-spouse is named as your agent on the directives.
- Solution: Review and update your will, trusts, and all beneficiary designations as soon as possible.
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2. Protecting Your Children
Divorce often changes family dynamics, but one thing doesn’t change—your desire to protect your children. Estate planning ensures that your children are provided for in the event of your passing.
- Why it matters: Without updated estate planning documents sharing your wishes, custody, guardianship and inheritance decisions could be left to the courts without having the benefit of considering your wishes.
- Solution: Update guardianship designations, set up trusts for minors, and make sure child support and custody agreements are reflected in your estate plan.
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3. Powers of Attorney and Healthcare Decisions
Many married couples automatically grant each other decision-making authority for healthcare and finances. After divorce, this arrangement may no longer be appropriate.
- Why it matters: Without new powers of attorney, your ex-spouse may still be considered to have legal authority over your medical or financial decisions. During a medical or financial emergency, sorting out and clarifying the divorce with physicians and financial institutions is the last thing you would want to add to an already stressful situation.
- Solution: Create new healthcare directives and durable powers of attorney naming someone you trust.
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4. Dividing Property and Assets Fairly
Family law determines how marital property is divided during divorce. Estate planning ensures that the property you retain is passed along according to your wishes—not the default statute of intestate distribution.
- Why it matters: Divorce changes your property rights. If you don’t update your estate plan, your assets may not go where you intend.
- Solution: Revise wills, trusts and property agreements to align with your post-divorce financial situation.
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5. Planning for the Future—Not Just the Present
Divorce is about resolving immediate issues—custody, support, and property division. Estate planning looks beyond today to ensure your family is protected for years to come.
- Why it matters: Life changes quickly—remarriage, new children, or new financial goals may arise. Estate planning keeps you prepared.
- Solution: Make estate plan updates part of your divorce checklist, and revisit your plan regularly.
Final Thoughts
Divorce may mark the end of one chapter, but it’s also the beginning of another. By updating your estate plan during or after divorce, you ensure that your children are protected, your assets are secure, and your future is in your control—not left up to chance.
If you’re going through a divorce or custody matter, now is the perfect time to review your estate plan. At Atkins And Atkins, Attorneys At Law, LLC, we help families navigate these transitions with compassion, clarity, and confidence.
Schedule a consultation today to protect what matters most—your family and your future.
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
