If you have a will naming your spouse prior to a divorce once the divorce is final the law treats your spouse as if he or she predeceased you.  This law can give people false comfort because it only applies to your will. It does not apply to trusts, powers of attorney, health care surrogates or other documents in which people often name their spouses.  Also, it does not apply to other people that you may choose not to include in your estate after a divorce, such as your ex-spouse’s parents or relatives.  It is very important to see your attorney and make sure you have reviewed together, all documents and then revoked the ones in which you named your ex spouse.

Health care documents are of particular importance, even while contemplating a divorce.  Make sure the person you have named as your surrogate is the person you want to make your medical decisions in an emergency situation.

Life insurance policies will pay out to the named beneficiary and are not affected by a divorce.  Make sure to check each life insurance policy and do not forget about the policy offered by your employer.  Some employers, as a benefit to their employees, provide life insurance coverage.  Often employees sign forms for their policies at the time of hire and then forget about the policy altogether.  Ask your employer if this is a benefit you have them be sure to name the beneficiary you want.

Bottom line:  If you have recently experienced a divorce and have not yet reviewed your estate planning documents or have not completed your estate plan, see a qualified attorney.  We hope you will allow us to assist you.