Divorce is a major life change, and while sorting out finances and legal matters, one thing that often gets overlooked is updating a will.
Many people assume that their assets will automatically be handled differently after a divorce, but that’s not always the case. If your will still names your ex as a beneficiary or executor, it could cause complications down the line. Revisiting your estate plan (yes, even if you don’t have an “estate” to speak of) ensures that your wishes reflect your new circumstances. Here are a few key points to consider when deciding whether to change your will after your marriage ends.
1. Your ex might still inherit everything.
Unless you update your will, your ex may still be entitled to the assets you originally left to them. Many people don’t realise that just because they’ve divorced, their existing will remains legally valid. If your will hasn’t been revised, your ex could still receive property, money, or other benefits you no longer intend for them. Some jurisdictions automatically remove an ex-spouse from a will after divorce, but not all. If you don’t want them to inherit, it’s best to create a new will entirely rather than relying on default legal rules. Updating your estate plan gives you full control over who receives what.
2. Your ex might still be in charge of your estate.
If your current will names your ex as the executor — that’s the person responsible for carrying out your wishes — they could still have legal control over your estate. This means they’d handle your assets, debts, and distributions, which might not be what you want after a divorce. Even if they wouldn’t personally inherit, an ex still managing your estate could lead to unnecessary complications, especially if the divorce was contentious. Choosing a new executor, such as a trusted friend, family member, or lawyer, ensures your estate is handled by someone who aligns with your wishes.
3. Any stepchildren or in-laws may still be beneficiaries.
If your will includes your former in-laws or stepchildren from the marriage, they might still be entitled to part of your estate. Some people remain close to their ex’s family, but others don’t, so it’s important to check if you still want these beneficiaries included. Leaving outdated names in your will could cause disputes later, especially if your current family or new partner assumes they will inherit. Reviewing and updating your will prevents potential misunderstandings and ensures your assets go where you truly want them to.
4. Your new partner or children might not be included.
If you’ve moved on from your divorce and started a new relationship or family, your will may not reflect these changes. Any new spouse, children, or dependents might not automatically receive anything if your will is still set up to benefit your ex. Without an updated will, your new family members might face legal battles or even be left out entirely. Adjusting your estate plan allows you to provide for the people who matter most in your life now, rather than those from your past.
5. Shared property and assets may need to be reassigned.
If your will was written when you were married, it may include assets you no longer own after the divorce settlement. Property, joint bank accounts, or investments that were divided in the divorce might still be listed in your will, creating confusion. Updating your will ensures that only the assets you still control are included. It also allows you to reallocate any property you’ve retained, making sure it goes to the right people rather than being distributed based on outdated instructions.
6. You may need to update your power of attorney.
Your will isn’t the only document that might need revising — many people also need to update their power of attorney. If your ex was named to make medical or financial decisions on your behalf if you became incapacitated, you might want to change that. Without an update, they could still legally make critical decisions for you, even if you’re no longer in contact. Naming a trusted relative or friend instead can give you peace of mind that your interests will be protected by someone you fully trust.
7. Your pension or life insurance payouts may still go to your ex.
Many wills also reference pensions, life insurance, or other financial benefits, and these may still list your ex as a beneficiary. Even if you change your will, some policies require you to update the beneficiary directly with the provider—otherwise, your ex could still receive the payout. Double-checking these details ensures that any financial assets will go to the people you intend, whether it’s children, new partners, or other loved ones. Ignoring this step could result in unintended beneficiaries receiving large sums of money (assuming you have large sums, that is).
8. Your children’s guardianship may need revising.
If you have kids, your will might outline guardianship plans in case something happens to you. While an ex will typically retain custody as a biological parent, any additional instructions, such as who would care for them if your ex is also unable to, may need updating. If you’ve remarried or want a different guardian involved, you’ll need to revise your will to reflect those wishes. Failing to do so could lead to legal complications over who has the right to make decisions for your children in the future.
9. Divorce settlements don’t always override your will.
Source: Unsplash Many people assume that because they reached a divorce settlement, their will automatically updates to reflect new asset distributions. However, this isn’t always the case. Legal agreements from a divorce don’t necessarily cancel out an existing will. If you don’t update your estate plan, your assets could be distributed based on an outdated document rather than your current wishes. A divorce settlement only affects assets at the time; it doesn’t always determine what happens after you pass away.
10. A fresh will gives you complete peace of mind.
Rather than trying to patch up an old will with amendments, many legal experts recommend drafting a new one entirely after a divorce. This clears up any lingering issues, removes outdated beneficiaries, and ensures your estate reflects your current life situation. Taking control of your estate planning means your assets go exactly where you want them to, without confusion or legal battles. Divorce is already a big transition, and updating your will ensures that your legacy aligns with your future, not your past.
