By Angelina Sferra, Esq.

Divorce brings major changes to your life, your family, and your finances. While many people focus on resolving custody, support, and property division, estate planning is often left off the checklist. Updating your Last Will and Testament (“Will”) after a divorce, however, is one of the most important steps you can take to protect yourself and your loved ones moving forward. A judgement of divorce carefully allocates assets, establishes financial obligations, and defines parental responsibilities.  However, your judgment of divorce does not control what happens to your assets at death.  In New Jersey, the law provides some automatic protections in estate planning following a divorce. Generally, provisions in a Will that benefit a former spouse, such as gifts or appointments as executor, are revoked once the divorce is finalized. While this may offer some peace of mind, it is not a complete solution. The law does not update your Will for you; it simply removes your former spouse, which can create unintended gaps or confusion.For example, if your ex-spouse was named as executor or trustee in your Will and no alternate was designated, the court may need to appoint someone to administer your estate. This can lead to delays, additional costs, and unnecessary stress for your family. In other cases, removing a spouse from the Will may change how assets pass to children or other beneficiaries, or even result in part of your estate being distributed under New Jersey’s intestacy laws—outcomes you may never have intended.

For parents, estate planning is a natural extension of family-law planning.  While custody and parenting time decisions are determined by the family court, a Will allows you to name a preferred guardian, establish trusts for your children, and set clear instructions for how and when assets should be distributed. Without proper planning, children may inherit assets outright at age 18 or have funds managed by someone you would not have chosen.  A properly drafted post-divorce estate plan can provide structure, continuity, and protection for children long after the divorce is finalized.  

A post-divorce estate plan should also include a review of beneficiary designations, powers of attorney, and trusts. Assets such as life insurance policies and retirement accounts pass outside of your Will, and outdated beneficiary designations can override even a carefully drafted estate plan.  Family-law clients should be aware that outdated designations have the potential to undermine the financial protections established in your divorce settlement.  In addition, powers of attorney and healthcare directives should be reviewed to ensure that decision-making authority is no longer granted to a former spouse. 

Taking the time to update your Will after a divorce ensures that your estate plan reflects your current circumstances, not a prior marriage. In New Jersey, proactive estate planning can provide clarity, minimize the risk of disputes, and give you confidence that your wishes will be honored and your loved ones protected.

Updating your Will after a divorce is the final step in protecting yourself, your children, and your financial future.  Divorce is a turning point, and your estate plan should reflect it.  If your Will was created before your divorce, it may no longer protect your assets or your family the way you intend.  If you have recently gone through a divorce, or your Will has not been updated in several years, our firm can help.  Contact us today to schedule a consultation and ensure your estate plan accurately reflects your wishes and protects those who matter most, take the final step towards securing your family’s future.