Updating Your Will and Estate Plan Post-Divorce

Divorce marks a significant turning point in a person’s life. One critical step often slips through the cracks: updating your will and estate plan. It might not be as immediate as sorting out custody or splitting up assets, but neglecting to revise your estate documents can have serious and often unintended consequences.

Georgia Law Doesn’t Automatically Revoke Everything

Many people assume that a divorce automatically nullifies any mention of a former spouse in their will. While Georgia law states that a final divorce decree revokes any provisions that name a former spouse as a beneficiary or fiduciary, this revocation only applies to the will, not other estate planning documents or beneficiary designations. While your will may treat your ex as if they predeceased you, that protection doesn’t extend to trusts, powers of attorney, or life insurance policies, which must be updated separately.

Powers of Attorney Need to Be Revoked and Reassigned

Under Georgia law, financial and medical powers of attorney remain valid until you actively revoke or replace them. If your ex-spouse is still listed as the person authorized to make decisions on your behalf if you’re incapacitated, they could still have control over your healthcare, property, or finances even after divorce.

New powers of attorney should be reassigned to prevent this, and the previous ones should be explicitly revoked in writing. File those documents with your healthcare providers and financial institutions to ensure the most current versions are recognized.

Beneficiary Designations Override Your Will in Georgia

In Georgia, if your ex-spouse is still listed as a beneficiary and you pass away, the named beneficiary generally receives the asset, even if your will says otherwise and even after a divorce. The only way to prevent this is to actively change those designations with each financial institution.

Trusts Require Special Attention After Divorce

If you created a joint trust or named your ex as a trustee or beneficiary in a revocable living trust, those terms don’t automatically dissolve post-divorce. You’ll need to amend the trust or revoke and recreate it entirely, depending on the structure and language of the original document.

If you have children, you may also want to establish new trusts to protect their inheritance. Naming a new trustee is essential to avoid giving your former spouse control over your children’s assets.

Guardianship Provisions Need to Be Reviewed

If you have minor children and pass away, Georgia courts will usually award custody to the surviving biological parent unless that parent is found to be unfit. Your will should name a backup guardian in case both parents are unavailable or incapable.

You should also consider who would be responsible for managing the money left to your children. Georgia law allows for the creation of testamentary trusts in your will, where you can name a trustee to manage the funds until your children reach a responsible age.

Georgia Estate and Tax Laws May Impact Planning

Georgia does not have a state estate or inheritance tax, simplifying planning. Federal estate tax laws may apply if your estate exceeds the federal exemption threshold, currently over $13 million as of 2025.

Divorce also changes your filing status, affecting how you use tax-saving strategies like annual gifting or charitable deductions. Speak with an estate planning attorney familiar with Georgia and federal law to ensure you optimize your plan under the new circumstances.

Update Your Digital and Online Accounts

Updating your digital assets is just as important as updating your legal paperwork. If your ex can access your online banking, cloud storage, or email accounts, it’s time to change passwords and remove them as backup contacts. You can also include digital asset management instructions in your will to protect your data and manage your online assets, like cryptocurrencies or digital photos.

Peace of Mind Comes from Proactive Planning

Updating your estate plan isn’t about holding onto the past but protecting your future. Georgia courts will follow the law, but they can’t interpret your true intentions if your documents are outdated or incomplete.

Revising your estate plan post-divorce ensures that your children or loved ones receive your assets as intended. Your ex will have no control over your medical or financial decisions. A revision makes sure your digital and real-world property is handled responsibly and reduces the likelihood of family disputes or costly legal battles. It’s a simple step that delivers peace of mind and is worth the time.

Getting Started in Georgia

There are essential steps to follow after finalizing a divorce in Georgia.

  1. Update your will and revoke old versions
  2. Reassess or revoke trusts involving your ex
  3. Change beneficiary designations on life insurance, bank accounts, and retirement plans
  4. Execute new powers of attorney for healthcare and finances
  5. Review and update guardianship nominations for your children
  6. Secure digital assets and change access credentials
  7. Meet with a Georgia estate planning attorney to make sure everything complies with state laws

Your Divorce Is Final—Now Finalize Your Estate Plan

Your divorce may be finalized, but your legal to-do list isn’t over. Your ex-spouse could still inherit your assets or make healthcare decisions for you if you haven’t updated your estate plan. At Hecht Family Law, we help Georgia residents protect what matters most. Our experienced family and estate planning attorney will guide you through updating your will to reflect your new wishes, changing beneficiaries on life insurance and retirement accounts, replacing powers of attorney and healthcare directives, creating or revising trusts for your children’s future, and appointing the proper guardian for minor children. You’ve already taken the tough step of moving on; Hecht Family Law ensures your estate plan moves with you. Call 470-291-5342 to schedule a free case evaluation.