Can You Change Your Will During a Divorce?

Divorce is one of the most challenging and emotional experiences a person can face. While facing psychological turmoil and countless decisions that must be made, it’s easy to overlook certain aspects of your life that may need attention, like your estate plan. One question that often arises during this time is, "Can you change your will during a divorce?" The short answer is yes, and this is something you may want to consider doing to protect yourself and your loved ones.

Why Should You Consider Changing Your Will During a Divorce?

When you first made your will, you likely named your spouse as your primary beneficiary (and possibly as the executor; the person who would carry out your wishes after you’re gone). But as your relationship changes during a divorce, your estate plan should evolve too. If something happened to you before your divorce is finalized and you haven't updated your will, your soon-to-be ex-spouse could still inherit from your estate or make decisions on your behalf.

Protecting Your Assets and Loved Ones

One of the most important reasons to consider changing your will during a divorce is to ensure your assets go to the people you care about most. You may wish to designate your children, other family members, or close friends as beneficiaries instead of your spouse. This can provide you with peace of mind, knowing that your loved ones are taken care of according to your current wishes.

Choosing a New Executor is Crucial

Your spouse may have been named as the executor of your will. During a divorce, it’s a good idea to consider appointing a new executor. This should be someone you trust to act in your best interests and honor your wishes.

Can a Will Be Changed During a Divorce?

Many take comfort in discovering that you can change your will during a divorce. In Ohio, there’s nothing in the law that stops you from updating your will while your divorce is pending. However, there are some key points to keep in mind as you go through this process, such as:

Ohio's Elective Share Law

Even if you update your will during a divorce, Ohio law grants your spouse certain rights to a portion of your estate. This is known as an "elective share." It means that your spouse may still be entitled to a percentage of your estate, regardless of what your will says. This law is in place to prevent one spouse from disinheriting the other until the divorce is finalized.

Timing Matters

While you’re legally allowed to change your will during a divorce, it’s crucial to approach this carefully. If you make drastic changes (like removing your spouse from your will completely), this could lead to legal challenges later on.
Working with an experienced estate planning attorney during your divorce can help you navigate this process and ensure your will reflects your current wishes while staying compliant with Ohio law.

What to Consider When Updating Your Will During a Divorce

If you have decided that it’s time to update your will during your divorce, there are several key considerations to ensure your estate plan meets your needs, such as:

Reviewing Beneficiaries

One of the first things you should do is review your beneficiaries. If your spouse is currently listed as the primary beneficiary, you may want to change that. Consider naming your children, other family members, or even a charity as the beneficiaries of your estate. If you have minor children, it is advisable to set up a trust to manage their inheritance until they’re old enough to handle it.

Guardianship of Minor Children

If you have minor children, your will likely includes provisions for their guardianship. During a divorce, it’s essential to revisit these provisions.
While your spouse may still have parental rights, you might want to name a backup guardian in case your ex-spouse is unable to care for your children.

Updating Power of Attorney and Health Care Proxy

In addition to updating your will, you should revisit other important documents, such as your power of attorney and health care proxy. If your spouse is currently named in either role, you’ll likely want to choose someone else you trust to make financial and medical decisions on your behalf.

Why Working with an Attorney Is Crucial

Given how complex it is to change a will during a divorce, it’s imperative to work with an experienced and dedicated estate planning attorney. An attorney can help you understand Ohio’s laws, avoid potential legal mistakes, and ensure that your new will accurately reflects your current wishes.

Preventing Future Legal Challenges

Updating your will involves more than making simple changes; it’s about ensuring those changes are legally sound. Our trusted estate planning attorneys at Gudorf Law Group, LLC can help you draft a will that is less likely to be challenged in court, ensuring that your wishes are honored. They can also advise you on other aspects of your estate plan, such as trusts, beneficiary designations, and retirement accounts.

Finding Peace of Mind During Divorce

Divorce is already a trying time, and worrying about your estate plan shouldn’t add to that stress. By working with our knowledgeable attorneys, you can have peace of mind knowing that your loved ones and assets are protected, no matter what happens during the divorce process.

Estates and Divorce: Taking Control of Your Future

Estates and divorce are nuanced areas of law in Ohio, but it’s something you need to address to ensure your future is secure. As you go through your divorce, taking the time to update your will and other estate planning documents is essential. Whether it’s changing beneficiaries, appointing a new executor, or updating guardianship provisions, these steps are necessary for protecting your assets and ensuring your preferences are honored.

Contact Gudorf Law Group for a Free Consultation

If you’re going through a divorce in Ohio, you must address your estate planning needs sooner rather than later. At Gudorf Law Group, we understand the emotional and legal complexities of changing your will during a divorce, and we’re here to help. Our compassionate attorneys will guide you through the process, ensuring that your estate plan reflects your current wishes and safeguards your interests.

Don’t wait until it’s too late. Contact Gudorf Law Group today for a free consultation, and let us help you take control of your future during this challenging time.