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One of the most common conversations I have with clients is whether a divorce automatically removes a former spouse from their estate plan.
The answer is just about as lawyer as it gets: sometimes, but not always.
Ohio law contains several statutes that revoke certain rights and appointments in favor of a former spouse after divorce. In some instances, the law treats the former spouse as though he or she predeceased you. In other situations, the law merely terminates authority. And in some important areas, failing to update your documents can create significant problems years later.
Having handled both domestic relations cases and estate planning matters for nearly 25 years, I have found that the overlap between the two practice areas is often overlooked. Our blended experience allows us at LMS to identify issues that many people do not discover until it is too late. Divorce is not just the end of a marriage. It is often the beginning of a complete review of your estate plan, beneficiary designations, real estate ownership, and long-term planning goals.
A divorce decree may end the marriage, but it does not automatically create a new estate plan.
Because I regularly work in both the domestic relations and estate planning arenas, I see firsthand how closely these issues intersect. That combination of experience allows LMS to provide clients with a more comprehensive approach than simply updating a Will or signing a new Power of Attorney.
If you have recently divorced, are pursuing a dissolution, or are considering separating from your spouse, now is the time to review your entire estate plan. A thorough review today can prevent expensive litigation, unintended beneficiaries, and unnecessary stress for your family tomorrow.
At LMS, we routinely assist clients with both divorce-related planning and estate plan updates to ensure their documents reflect their current wishes, not decisions they made during a prior chapter of life.
Below is a practical guide to how divorce impacts common estate planning documents in Ohio:
Ohio Divorce and Estate Planning Quick Reference Guide
| Document | Statute | Ex-Spouse Treated as Predeceased? | Recommended Action |
|---|---|---|---|
| Last Will & Testament | R.C. 2107.33(B)-(C) | Yes | Execute a new Will |
| Revocable Living Trust | R.C. 5808.19(A) | Generally yes | Amend, restate or revoke and collapse the Trust |
| Financial Power of Attorney | R.C. 1337.24(A)(3) | No | Execute a new Financial POA |
| Health Care Power of Attorney | No comparable automatic predeceased rule | No | Execute a new Health Care POA |
| Living Will | No comparable automatic predeceased rule | No | Review and update |
| Transfer-on-Death Affidavit / TOD Deed | R.C. 5302.22 et seq. | Not reliably | Record a new TOD designation or retitle property |
| IRA Beneficiary Designations | Various statutes may apply | Often | File new beneficiary forms |
| 401(k) / ERISA Plans | Federal law controls in many cases | Not safely | Update immediately |
| Life Insurance Beneficiary Designations | Often protected by statute | Often | Update immediately |
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