Divorce Changes Everything—Including Your Estate Plan
In the middle of a divorce, updating your estate plan may not feel urgent—but waiting can create serious problems. Even if you’re no longer married, your estate documents may still name your ex-spouse in critical roles or entitle them to inherit your assets. At the Law Offices of Charles L. Kurmay, we help clients navigate post-divorce planning to ensure their wishes are honored and their estate is protected under Connecticut law.
What Connecticut Law Automatically Changes—And What It Doesn’t
Under Connecticut General Statutes §1-350i(a)(5), any designation of a former spouse as an agent under a power of attorney is automatically revoked once the divorce is final, unless the document explicitly states otherwise. Similar automatic revocations apply to health care directives and provisions in wills that leave property to a former spouse.
But that’s only part of the picture. Many provisions, especially in trusts and beneficiary designations, require manual updates. Here’s where to focus:
- Revoke and Replace Your Will
Although your ex is removed from inheritance under your will once the divorce is finalized, other provisions remain intact. For example, bequests to your ex’s family or naming your ex-spouse as executor are not automatically void. Drafting a new will allows you to:
- Remove or update beneficiaries
- Appoint a new executor
- Clearly reflect your current wishes
- Amend Trusts and Replace Trustees
Connecticut law does not automatically revoke trust provisions that name a former spouse as a beneficiary or trustee. If your trust refers to your ex-spouse generically (e.g., “husband,” “wife,” or “spouse”), you still need to amend the document to prevent confusion or potential disputes.
Connecticut is an “all property” state, which means trust assets could be subject to equitable distribution during divorce if your spouse has a vested interest. An estate planning attorney can review and help restructure the trust to limit your ex’s control or future claims.
- Review and Update Beneficiary Designations
Assets such as life insurance policies, IRAs, 401(k)s, and transfer-on-death accounts pass outside of probate and are not affected by your will. That means your ex could still inherit these assets unless you update your designations directly with each institution.
This is especially important if the divorce agreement divides financial assets but doesn’t alter future beneficiary rights.
- Replace Your Power of Attorney and Advance Directives
If your ex was named as your financial power of attorney or healthcare proxy, you should revoke those documents and appoint someone new. While Connecticut law revokes these roles upon divorce, failing to create new documents leaves a void in your plan—and could delay decision-making during emergencies.
- Create a Plan If You Don’t Have One
If you never had an estate plan—or relied on a joint plan with your spouse—now is the time to start. Without a plan, Connecticut’s intestacy laws control who inherits your assets, which may lead to unintended outcomes, especially if you share children or property with your ex-spouse.
Take Control of Your Future
Divorce is the end of one chapter—and the beginning of another. Updating your estate plan ensures that your assets, responsibilities, and decisions are aligned with your current life and relationships.
At the Law Offices of Charles L. Kurmay, we offer personalized estate planning services designed to protect your legacy and simplify the future for your loved ones.
📞 Call us at (203) 380-1743 or schedule a consultation to review your estate plan and take the next step forward with confidence.
