Divorce and/or legal separation bring many life changes — and your estate plan is one of the most important areas to revisit. Many married couples create a joint family trust or coordinated will based estate plan during marriage, but once you divorce, those estate planning documents most likely no longer reflect your wishes (and sometimes they stop working altogether).
If you’ve gone through a divorce in California, it’s essential to review and update your estate plan to protect your assets and your children (and to make sure that your now ex-spouse does not receive more than you want them to).
Below is a clear guide by our San Diego trust attorney to help you understand what to do with the joint estate plan after divorce.
✅ Do You Need to Change Your Estate Plan After Divorce?
Yes — absolutely.
Divorce doesn’t automatically fix or invalidate your estate planning documents. In fact, many people are surprised to learn that:
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A joint trust created during marriage doesn’t disappear on its own and may still own property or investments that need to be transferred out
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Your ex may still be listed as a beneficiary on accounts and insurance policies
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Your ex could still be named as your decision-maker for finances or medical care
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Assets may not go where you intend if you pass away
If you don’t update your estate plan, you may unintentionally leave your ex-spouse in control of your estate or your healthcare decisions.
✅ First Steps After Divorce: What to Review
Here’s am estate planning checklist to guide you:
1. Update Your Living Trust
If you created a joint family trust during marriage, you will likely need to:
- Transfer various assets out of the joint trust (unless already done during the divorce process)
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Revoke the joint family living trust
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Create your own separate living trust
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Transfer your share of assets into your new separate living trust
2. Update Your Will
Update your will to:
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Remove your ex as beneficiary and executor/personal representative
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Name new guardians for children (if applicable)
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Ensure your assets go to the right beneficiaries
3. Replace Power of Attorney Documents and Advance Healthcare Directives
Many married couples list each other as:
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Financial power of attorney
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Healthcare power of attorney
After divorce, you’ll need to designate someone else you trust.
4. Update Beneficiary Designations
This step is often overlooked — and can cause major issues.
Review beneficiaries on:
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Life insurance
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Retirement accounts (IRA, 401(k))
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Brokerage accounts
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Bank accounts with POD/TOD designations
Even if you want your ex-spouse to continue being the beneficiary, the beneficiary designations should be updated after the divorce judgment is issued, so your post-divorce intent regarding the beneficiary designations is clear.
5. Address Child-Related Planning
If you have minor children, consider:
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Naming guardians
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Creating trusts for children
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Updating provisions to protect children from future disputes
You can set up your estate plan to ensure your ex doesn’t end up controlling your funds intended for your kids.
✅ How California Divorce Laws Affect Your Estate Plan
In California, certain rights of a spouse are revoked at divorce — but not all documents update automatically.
Even if state law removes your ex from certain roles, failing to update your documents can:
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Delay estate administration
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Create legal disputes
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Leave decisions unclear
It is always safer to proactively update your documents rather than rely on default rules.
🏡 Common Questions About Estate Planning During and After Divorce
Do I need a new living trust if I already had a joint family trust?
Almost always, yes. You will likely need your own separate living trust.
Can I keep my ex as a beneficiary?
Yes, if you want to — but you must specify it clearly after the divorce is final.
What if we share children?
You can structure your estate planning documents to benefit your children while limiting your ex-spouse’s control over the money and assets.
Can I update my estate planning documents while the divorce is pending?
Yes, certain documents like your general durable power of attorney, your advance healthcare directive, HIPAA authorization, and even your will may be updated during the pendency of the divorce proceeding. However, your family trust and any property transfers will have to wait until after your divorce is final.
🌟 Why Work with a San Diego Trust Lawyer During and After Divorce?
A local San Diego trust lawyer can help ensure your updated estate plan aligns with California law and reflects your new wishes. Divorce is already a major life transition — you deserve peace of mind knowing your estate is up to date.
Final Thoughts
Updating your estate plan after divorce is one of the most important steps you can take.
A fresh plan ensures:
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Your assets go where you want
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Your children are protected
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Your ex doesn’t remain in control of your money
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You have a reliable new structure for your next chapter
Our firm helps San Diego families update and rebuild their joint estate plan after divorce with clarity and confidence. Schedule a consultation today and let’s create a plan that protects your future.
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