Divorce reshapes almost every part of your life, and your estate plan is no exception. Many people assume their existing documents will sort themselves out after a split. They won’t. Taking a proactive approach to your estate plan during or after a divorce is one of the most important financial decisions you can make.
What Washington Law Does Automatically
Washington state does offer some protection. Under RCW 11.12.051, a divorce automatically revokes any provisions in your will that benefit a former spouse. That means if your will leaves everything to your ex, that gift is voided once the divorce is finalized. But that automatic protection only goes so far.
What the Law Does Not Fix
Revocation under state law applies to wills, but it does not cover everything. Beneficiary designations on the following accounts are not automatically updated:
- Life insurance policies
- Retirement accounts (401k, IRA)
- Payable-on-death bank accounts
- Transfer-on-death deeds for real property
These accounts pass outside of your will entirely. If your ex-spouse is still listed as the beneficiary, they could receive those assets regardless of what your will says or what your divorce decree ordered. Courts have ruled on this situation many times, and the outcome is rarely what the account holder intended.
Trusts Require Attention Too
If you created a revocable living trust during your marriage, divorce does not automatically amend it. Your ex-spouse may still be named as a successor trustee or primary beneficiary within the trust document itself. You will need to formally amend or restate the trust to reflect your new circumstances.
This is also a good time to revisit who you have named as your power of attorney and health care directive agent. Many married couples name each other by default. After a divorce, leaving a former spouse in that role is rarely a good idea.
Updating Your Plan After Divorce
Working with a Bellevue estate planning lawyer after a divorce is one of the smartest steps you can take. An attorney can review every document in your plan and identify where your ex-spouse still appears in a legal capacity. A practical list of items to review includes:
- Your will
- Any revocable or irrevocable trusts
- Beneficiary designations on all financial accounts
- Life insurance policies
- Powers of attorney
- Health care directives and living wills
- Transfer-on-death deeds
It is also worth thinking about whether your overall estate planning strategy still fits your life. Divorce often brings changes in income, property ownership, and family structure. A plan built for a two-income household with shared assets may need a full overhaul, not just a few edits.
Protecting Your Children After Divorce
If you have children from the marriage, divorce adds another layer of consideration. You may want to establish or update a trust that controls how and when your children receive assets, particularly if your former spouse could act as a custodial guardian of those funds.
A Bellevue estate planning lawyer can help structure distributions in a way that protects your children’s interests without creating unnecessary conflict. Naming a trustee who is not your former spouse gives you more control over how those assets are managed long-term.
Do Not Wait Until Everything Is Settled
One common mistake is waiting until the divorce is fully finalized before touching the estate plan. If something happens to you during the divorce process, your documents still control the outcome. Updating beneficiary designations and powers of attorney mid-divorce is entirely appropriate and often advisable.
Eastside Estate Planning works with clients throughout Washington who are going through major life transitions, including divorce. If your estate plan has not been reviewed since your marriage ended, now is a good time to connect with our team and make sure your plan still reflects your intentions.
