Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
Adults within 12 months of a divorce being finalized
Estate planning after a divorce
Many states automatically revoke ex-spouse beneficiary designations on death — but federal law (ERISA) overrides state law for retirement plans, and the rules vary. The only safe assumption: ASSUME NOTHING. Update everything.
The hardest thing
What this audience faces that nobody warns them about
If you do nothing, your ex may still inherit everything via beneficiary designations on your retirement accounts, life insurance, and TOD bank accounts. The will is irrelevant for these. You have ~60 minutes of work to do this Saturday afternoon to fix it.
Three things that are different for you
If you take nothing else away
01
ERISA preempts state revocation for employer retirement plans
Even if your state auto-revokes ex-spouse beneficiary designations at death (about 20 states do), federal law makes your CURRENT spouse the automatic beneficiary of your 401(k)/403(b) unless they sign a spousal-consent form waiving the right. Re-married after divorce? Get the consent form signed.
02
The 60-minute weekend action list
List every beneficiary-designated account (401k, IRA, life insurance, annuities, HSA, TOD/POD bank, 529s, stock options, pension survivor election). Update each one. Confirm in writing within 30 days. Update will, POA, healthcare directive, trust. Roughly one Saturday afternoon if you focus.
03
Read your divorce decree carefully on insurance requirements
Sometimes your decree requires you to KEEP your ex as life insurance beneficiary (as child-support security or alimony backstop). Removing them then violates the decree. Replace with a child-benefit trust instead, or negotiate a modification if circumstances changed.
The scripts that fit your situation
Paste-able family conversation starters
Do this on a Saturday. By Sunday evening you'll know your ex isn't accidentally inheriting anything.
Walk through the 60-minute action list →