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What to know about changing your will in divorce

If your marriage is not working out, you probably are wondering how you can keep your spouse from getting your personal possessions. In a divorce, your wife or husband will receive a share of your marital property. Still, this does not mean you cannot protect your personal property in your will.

If you have named your spouse as an heir in your will, you should know when you can alter your will so that other beneficiaries will inherit your personal assets instead. Kiplinger explains when you may be able to make changes in your estate document.

Changing a will before a divorce

If neither you nor your spouse has taken legal steps towards a divorce, changing your will might be preferable to waiting. Once your divorce has begun, a court may forbid you from altering your will as it could come off as getting ahead of your divorce settlement.

If you are in poor health, changing your will before a divorce may be especially important. It is possible you could die before the divorce is complete, which leaves your spouse able to inherit your personal property as a will beneficiary.

Changing a will after a divorce

In the event you have not modified your will before your divorce, you should consider doing so once your divorce is complete and you have a settlement in place. You not only can name your preferred beneficiaries, but you may want to change your name following your divorce. Your estate documents should reflect your new identity.

However you change your will, you may rest easy knowing that people you care for will receive your priced possessions.


Christine S. Cook has earned a reputation in the legal community for her professionalism and among her clients for the care and personal attention she gives to every case.

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