The Importance of Developing a Will After Divorce


When spouses get divorced, they will undoubtedly have a lot on their plate to deal with even in the aftermath of their split. If you have a will, for example, you will likely have your spouse named as a beneficiary or as the person you trust to make medical decisions on your behalf if you become incapacitated. Of course, now that you and your spouse are no longer together, the will you currently have in place is not appropriate for your circumstances.

However, instead of simply updating your will or estate plan, one of the best courses of actions you can take after a divorce is to start fresh and develop an entirely new will or estate plan that will properly reflect your life and forward moving goals. To do this, you must first revoke your old will and begin the process of creating a new one with the assistance of an estate planning attorney.

Creating a New Will After Your Divorce

Although most recent divorcees are not interested in beginning a new relationship or getting remarried any time soon, you should still consider taking this opportunity to create strategies that will ensure a future marriage will not threaten your assets or wealth, particularly if you have children. Without a will or prenuptial agreement in place, a remarriage could potentially threaten your children’s inheritance, so keep this in mind as you create this new will.

One common consideration to be had when creating this will is who should you appoint as guardian to your children. If your former spouse is deemed unfit or cannot otherwise care for them, this will ensure someone you approve of will be responsible for their upbringing. Otherwise, the court will assign a guardian to them in the absence of a chosen guardian in your will.

If you establish a healthcare power of attorney in your new will, you should also consider providing a copy for your physician to keep on file to ensure your wishes are respected. If you’re children are of adult age, in college, or struggle with learning disabilities you may also want to consider power of attorneys for them as. This way if anything were ever to happen to your children when away from home you can rest soundly knowing you have the power to act quickly on their behalf if you ever had to. Establishing a power of attorney will also allow the person of your choosing to make decisions regarding your finances and medical treatment if you become incapacitated or disabled. Since many married couples often name each other, it is important that old powers of attorney are revoked, and your new healthcare power of attorney is properly put in place. You do not want your former spouse to make such important decisions on your behalf if you and they are no longer on good terms with one another.

Get Started on Creating a New Will and Reach Out to Our Estate Planning Team Today

No one knows what the future holds and, regardless of how healthy or young you are, tomorrow is never promised. Therefore, if you have a will and are recently divorced or never had a will in place, now is the time to think about your future and create one. At Law Office of Nikolas D. Capitano, Esquire., The Leges Group LLC, our estate planning team is prepared to give you the advice you need to help you create an effective legal document that accurately address your concerns and reflects your wishes.

Call our law office today at (610) 200-6665 to set up a consultation.