Divorce changes more than your day to day life—it changes your legal and financial future. One of the most
overlooked steps during a divorce is updating your will and estate planning documents. Failing to make timely
updates can leave your assets in the wrong hands, create confusion for your family, or even give your former
spouse rights you never intended them to have.
Why Updating Your Will During Divorce Matters
Texas law automatically removes certain benefits to an ex spouse after the divorce is finalized—but not during
the divorce. That means if something happens to you before the divorce is complete, your spouse may still have
legal authority over your estate, medical decisions, or financial accounts.
Updating your documents early ensures your wishes—not the default rules—control what happens.
1. Update Your Will and Beneficiaries
Your will is the foundation of your estate plan. During a divorce, you should immediately review:
- Who inherits your property
- Who serves as executor
- Guardianship designations for minor children
2. Update Your Powers of Attorney
Documents to update immediately:
- Medical Power of Attorney
- Durable (Financial) Power of Attorney
- HIPAA Authorization
3. Update Your Living Will / Advance Directive
Your Living Will outlines your wishes for end of life care. If your spouse is listed as the decision maker, they
may still have authority until the divorce is finalized. Updating this document ensures your preferences are
honored by someone who understands and respects them.
4. Review Beneficiary Designations on Non Probate Assets
- Life insurance policies
- Retirement accounts (401(k), IRA, pension)
- Pay on Death (POD) or Transfer on Death (TOD) accounts
- Brokerage accounts
- Employer provided benefits
These designations override your will—so they must be updated separately.
5. Update Trusts (If You Have Them)
If you and your spouse created a joint trust or if your spouse is named as trustee or beneficiary, you may need to:
- Amend the trust
- Remove your spouse as trustee
- Update successor trustees
- Adjust distributions
- Create a new individual trust
Trusts are powerful tools for protecting assets during and after divorce, but they must be updated correctly.
6. Consider a Temporary Estate Plan During the Divorce
Because Texas law limits certain changes once a divorce is filed, many people create a temporary estate plan to
protect themselves until the divorce is finalized. A temporary plan ensures you’re protected during the months—or
sometimes years—your divorce is pending.
This may include a temporary will, updated powers of attorney, revised beneficiary designations, and/or a new trust
for children or personal assets.
7. After the Divorce: Finalize Your Long Term Estate Plan
Once the divorce is complete, it’s time to finalize a long term plan that reflects your new life, new goals, and
new financial reality. This is the moment to rebuild your estate plan from the ground up. Your estate plan should
grow with you—not stay stuck in the past.
Divorce is already emotionally and financially draining. Updating your will and estate documents may feel like “one
more thing,” but it’s one of the most important steps you can take to protect yourself and your family.
At Thompson Legal Counsel, we help clients navigate both divorce and estate planning with clarity, compassion, and
strategy. Whether you need a temporary plan during your divorce or a complete estate plan afterward, we’re here to
guide you every step of the way.