Divorce Services

Updating your estate plan during divorce

Your estate plan probably still names your spouse. Some changes are restricted while a divorce is pending, so coordinate first.

What this professional does

An estate planning attorney updates wills, trusts, powers of attorney, health care directives and beneficiary designations to reflect your new situation. Many people do not realise how many documents and accounts still name a spouse as beneficiary, agent or trustee.

Timing matters. The California divorce summons (form FL-110) includes standard family law restraining orders that, among other things, restrict changing beneficiaries of certain insurance coverage and transferring property without written consent or a court order. Talk with your divorce attorney before changing anything, then with an estate planning attorney about what can be done now and what must wait until judgment.

When to seek this help

  • A divorce has been filed or is about to be filed.
  • You have minor children and need to think about guardianship or trusts.
  • Your judgment is final and documents still name your former spouse.
  • Your health care directive or power of attorney names your spouse as agent.

How to prepare

  • Copies of your current will, trust and any amendments.
  • A list of life insurance, retirement and bank accounts with current beneficiaries.
  • Your powers of attorney and health care directive.
  • Your divorce attorney's guidance on what is restricted while the case is pending.

Questions to ask before hiring

  • Will you coordinate with my divorce attorney?
  • Which changes can I make now, and which should wait until judgment?
  • How should my plan address children if I die while the case is pending?
  • How do you charge for updates?

Checking qualifications

  • Check the attorney's State Bar profile. Ask whether estate planning is a focus of their practice.
  • Confirm beneficiary changes in writing with each account custodian once they are permitted.

Limits of this role

  • Changing beneficiaries or moving assets during a pending case can violate the standard restraining orders. Get advice first.
  • Retirement plan beneficiary rules can be plan-specific. See retirement division.

Frequently asked questions

Can I change my life insurance beneficiary after filing?

The standard restraining orders on the summons restrict changing beneficiaries of certain insurance coverage without written consent or a court order. Ask your divorce attorney before acting.

Does divorce automatically change my will?

Do not rely on assumptions. Have an estate planning attorney review your documents after judgment.

Who should I talk to first?

Your divorce attorney, who can explain current restrictions, then an estate planning attorney for the documents themselves.

Related topics

Primary resources

This page is general education for San Diego County residents. It is not legal, tax, financial or mental health advice and has not been reviewed by an attorney. External organizations named here are informational listings only: no endorsement, partnership, referral or ranking is implied, and qualifications, availability and local service must be confirmed directly with each organization.