Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.
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what to be aware of when divorcing your spouse
Don't Forget To Adjust Your Estate Plans With Divorce
Joy Johnson
Divorce can have significant implications on an estate plan. When a marriage dissolves, it often necessitates a review and potential revision of various estate planning documents to ensure that your intentions are reflected accurately. Below is an overview of how divorce affects an estate plan and the steps that should be taken to address related issues.
Update Beneficiary Designations
It is crucial to review and revise beneficiary designations on life insurance policies, retirement accounts, payable-on-death bank accounts, and any other assets that pass directly to beneficiaries outside of a will or trust. After a divorce, you may want to remove your former spouse as a beneficiary and designate new beneficiaries accordingly.
Revise Wills and Trusts
A divorce should prompt a thorough review of existing wills and trusts. Some states have laws that automatically invalidate provisions in favor of a former spouse, but it is still advisable to update these documents to ensure they accurately reflect your wishes. This may involve removing your ex-spouse as a beneficiary, appointing new executors or trustees, and considering new distribution plans for your assets.
Revisit Power of Attorney and Advance Directives
If your former spouse was designated as your agent in a power of attorney or as your healthcare proxy in an advance directive, it is crucial to update these documents to appoint new individuals whom you trust to make financial and medical decisions on your behalf.
Guardianship Considerations
If you have minor children, it is essential to reassess guardianship provisions in your estate plan. You may want to nominate a different individual to assume responsibility for your children's care in the event of your incapacity or death, considering the changed circumstances after divorce.
Property Distribution
Divorce may result in a division of property, including real estate, investments, and personal belongings. If your divorce settlement affects the ownership or distribution of specific assets, update your estate plan accordingly to reflect the new arrangements
Review Trusts and Life Insurance Policies
If you have established trusts or life insurance policies that include provisions for your former spouse, it is advisable to review and potentially modify those arrangements to align with your post-divorce wishes.
Seek Professional Guidance
Estate planning can be complex, particularly when it involves divorce-related issues. It is wise to consult with an experienced estate planning attorney who can guide you through the process, help you understand your options, and ensure that your estate plan is updated correctly.
It's important to regularly review and update your estate plan after significant life events, including divorce.
Learn more by speaking with an estate planning law professional.
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