When a marriage ends, it can be an emotionally and financially challenging time for both parties. While many people focus on dividing assets, determining custody and establishing support obligations, an important but often overlooked aspect of the divorce process is updating one’s estate plan. 

At The Darius Law Group, LLC, we understand the importance of revising your estate documents after a divorce and believe that it is essential to update your estate planning to ensure that your wishes are carried out after the divorce.

Why Divorce Necessitates an Updated Estate Plan

Divorce does not simply end a marriage; it can greatly affect your legal relationships and the structure of your financial plans. Even if the divorce settlement covers some property division issues, it usually doesn’t automatically update your wills, trusts or beneficiary nominations. If you don’t take action, assets can be transferred to your ex-partner against your wishes.

• Beneficiary designations for retirement accounts, life insurance policies, and payable-on-death (POD) accounts often survive a divorce unless they are changed. In Connecticut, these designations have precedence over instructions in a will or trust.
• Wills and trusts: If your will transfers property to your spouse, this transfer may still be valid unless you revoke or amend the will. Connecticut law does not invalidate provisions in a will that favor an ex-spouse, unless specific provisions are included in the divorce decree or the documents are amended.
• Power of attorney and healthcare directives: Your former spouse may still have decision-making authority until you explicitly revoke it. This puts you at risk of someone you are not close to making critical financial or medical decisions for you.

Connecticut Specifics: What You Need to Know

Connecticut statutes provide certain rules regarding post-divorce estate arrangements, but they do not automatically update your planning:

1. Connecticut Gen. Stat § 45a-449 invalidates certain gifts to a former spouse in a will or intestate succession, but only if (a) the divorce is final and (b) the will has not been revised. In other words, these provisions are voided, but the rest of the will remains in force. You still need to act to redirect these gifts intentionally. For more information, see Connecticut General Statutes § 45a-449 regarding the voiding of provisions for former spouses in wills.
2. Connecticut Gen. Stat. § 45a-449a covers trusts and beneficiary designations, stating that gifts to an ex-spouse under a trust are void unless otherwise planned. Again, an express revision is recommended.

These statutes emphasize that, while Connecticut provides voiding mechanisms, they are limited in scope and do not eliminate the need for up-to-date documents. If your documents are unclear or if you have not taken proactive steps, your assets may not be distributed according to your intentions.

What You Should Do Next

Even with Connecticut’s statutory safeguards in place, it’s essential to proactively review and revise your estate plan. Here’s how to do so without unnecessary complexity:

• Review and revise your will or trust to remove or reassign any gifts to your ex-spouse. Also, update your choices for executors, trustees, guardians, and residual beneficiaries if necessary.
• Update beneficiary designations on your accounts and insurance policies to ensure they reflect your current wishes and not outdated assumptions.
• Change powers of attorney and healthcare directives to ensure that the people you trust are authorized to make decisions on your behalf. Their decisions can significantly affect your assets and personal well-being.

Why Doing Nothing Is Risky

Failing to update your estate plan after a divorce can lead to several unforeseen consequences:

• Assets may be transferred to your ex-spouse even if you have expressed a different intention.
• Emotional and financial strain on people you intend to protect.
• Potential legal issues and disputes with unexpected heirs or beneficiaries.

Our mission at The Darius Law Group is to provide passionate advocacy with compassion and personalized attention. Whether it’s managing divorce, probate, estate planning, or business matters, our goal is to ensure that your post-divorce estate plan reflects the people and things that matter most to you.

Avoiding Future Conflict and Protecting Your Legacy

An outdated estate plan not only risks benefiting the wrong people, but it can also cause confusion, delay, and conflict among your loved ones. In Connecticut, probate proceedings can become complicated if there are conflicting documents or unclear intentions. Updating your estate plan after a divorce can provide clarity, reduce the burden on your family, and ensure that your wishes are carried out.

At The Darius Law Group LLC, we specialize in estate planning and probate matters. We help clients in Connecticut to create personalized plans that reflect their unique circumstances. Whether you’ve recently been divorced or your separation is finalized, it’s time to take charge of your future. We offer competitive rates and flexible payment options, as we believe everyone should have access to quality legal assistance regardless of their financial situation.

Contact The Darius Law Group, LLC to schedule a consultation today. We will work with you to create a plan that protects your assets, respects your wishes, and provides you with peace of mind. Every client is unique, and we are here for you every step of the way.