Can I Change My Will During My Divorce?~ 3 min read

When you are in the middle of a divorce, you may start thinking about changing your will or updating your estate plan. While it is possible to make some changes, there are limits to what you can do and what will actually be recognized.

You Can Change It, But It May Not Hold Up

In Missouri, you are allowed to revise your will while your divorce is pending. However, if something were to happen to you before the divorce is finalized, the court may still treat your spouse as your legal heir. Unless you have a pre or post nuptial agreement or another legal document that says otherwise, most or all of your assets may still go to your spouse.

Even if you change your will during the divorce process, you may need to revise it again after your case is complete. Missouri law and many marital settlement agreements automatically remove the ex-spouse from any legal documents, but if you want to keep them included, you will need to name them again.

Be Careful with Beneficiaries and Trusts

While you may be able to change your will, altering beneficiaries on retirement accounts or life insurance is a different matter. In many cases, those changes are not allowed until after the divorce is finalized. If you attempt to change a trust that holds property, that could count as re-titling an asset, which might also go against local court rules and cause problems with your divorce.

After the Divorce – Review Your Entire Estate Plan

Once your divorce is final, you should review your entire estate plan. This includes your will, beneficiaries, and powers of attorney. If your former spouse is still listed on any of those documents, you may be unintentionally leaving them in control or giving them access to property you no longer want them to receive.

Many people overlook this step and assume their divorce papers take care of everything. That is not always the case. Making updates while the details are still fresh can prevent confusion and help avoid probate issues down the road.

Start with a Simple Review

Even if you are not ready to draft an entirely new estate plan, begin by checking who is listed as a beneficiary on your accounts. Many people consider naming their children, but if your children are minors, this could create issues that require court involvement or delay access to the funds. It is better to speak with a legal professional about how to protect your children’s interests in a way that works for your situation. Taking time to review these details can help protect your intentions and reduce the chance of future legal complications.

Contact Family Ally

If you are going through a divorce and wondering what changes you can make to your estate documents, Family Ally is here to help. We can walk you through what is allowed during the process and what steps to take after your divorce is final. Contact Jennifer Piper at 314-449-9800 to schedule a consultation and start protecting your future today.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.