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Home >> Estate Planning Issues to Consider Before and After Your Divorce

Estate Planning Issues to Consider Before and After Your Divorce

November 12, 2015 by Joshua K. Crawford Leave a Comment

Estate Planning Issues to Consider Before and After Your DivorceFor anyone in Florida considering ending their marriage, you should know that there are a host of estate planning issues to consider before and after your divorce. Because marriage and family relationships are so closely intertwined with so many estate planning issues, any significant change to your family or marital status requires you to update your estate plan. Updating your plan either before or after your divorce is essential if you want to make sure your plan protects you to the best of its abilities.

Estate Planning Issues to Consider Before and After Your Divorce: Prior to Filing Many people, prior to filing for divorce, experience a change in estate planning desires in relation to their spouses. For example, if you are considering filing for divorce and have lost faith in your partner to protect your interests, you may want to change any estate planning devices that name your spouse as the decision-makers in the event you become incapacitated. You are under no legal obligation to choose your spouse as a representative when you create an incapacity plan, and should you lose faith in your spouse’s ability to protect your interests, making changes to your plan even prior to filing for divorce is often a good idea.

Estate Planning Issues to Consider Before and After Your Divorce: After Filing

After you have filed for divorce you will want to make sure that you and your attorney keeps estate planning issues in mind as you go through the divorce process. While the rights that you and your spouse have will not be terminated until the divorce is finalized, there are choices you can make during the divorce process that will protect your interests. For example, updating health care directives and powers of attorney is often advisable. Further, it’s also common for divorce court judges to issue orders that limit what actions each spouse can take during the divorce process; so you may need to consult with an attorney to see if there any limitations on what you can or cannot do with your individual estate planning tools.

Estate Planning Issues to Consider Before and After Your Divorce: After the Divorce Decree

Once a court has finalized your divorce you need to take the time to update your plan accordingly. Inheritance planning, incapacity planning, and any other part of your estate plan that involves your spouse will need to be changed to reflect your new status as a single person.

Beyond that, you need to be aware of your estate planning choices if and when you decide to enter into a new romantic relationship. In particular, it’s important to note that any relationship you enter into will not necessarily affect your estate planning options unless you decide to get remarried. Until that happens, you are under no obligation to, for example, alter your inheritance plans to include your new romantic partner, or give your partner any right to make decisions for you in the event you become incapacitated.

Filed Under: Estate Planning

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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