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Home >> Estate Planning Articles >> Is Your Ex-Spouse Really Out of Your Life?

Is Your Ex-Spouse Really Out of Your Life?

July 31, 2011 by Robert Kulas.

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

Divorce is a fact of modern American life.  Approximately half of all first marriages fail, and the divorce rate for subsequent marriages can be as high as 73 percent. While divorce is commonplace, it’s not uncommon to overlook some important legal ramifications of splitting from your spouse.

For instance, suppose you have been divorced for several years, are happily remarried, and have children with your new spouse. While you probably made sure that your bank accounts and credit cards were appropriately renamed following the split from your first spouse, did you review your estate planning documents with a qualified estate planning attorney? If not, in the unfortunate event that you become ill or disabled, your new life partner may have to deal with more than just the emotional pain of your physical condition. If you failed to revise your Health Care Power of Attorney to remove your former spouse as Agent, and you are deemed incapable of making your own health care decisions, your physician may be obligated to turn to your ex to make critical choices.  This is unlikely to be a happy scenario for anyone involved, particularly your already suffering spouse and children.

The scenario is equally disturbing if you pass away before you have examined your retirement plan in light of your divorce and subsequent remarriage. Your new partner, already devastated by their bereavement, will have to bear the financial and emotional strain of watching the assets in your 401(k) plan go to your former spouse because you failed to change the beneficiary designation on the plan.  While divorce may end certain designations or bequests to your ex, it does not do so with 401(k) and other qualified plan assets.

Even if you’ve updated your Health Care Power of Attorney and changed the beneficiary designation on your 401(k), you still may not be in the clear. Did you make bequests to your ex-spouse in your estate planning documents?  If so, your state laws may or may not invalidate these bequests when a divorce occurs.  If they are invalidated and these assets then go to your children, your former spouse may still remain as the Trustee, effectively keeping control of your financial resources.

Make sure you consult an experienced estate planning attorney to revise your estate plan and remove your ex-spouse as Agent, Beneficiary, Trustee, or any other legal role in which your outdated estate planning documents may have placed him or her. Also, your estate planning attorney can help you designate appropriate new people, to serve in place of your ex.

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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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"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."

Janice M
Client Review
August 25, 2020
    

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.

Krissy L.
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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.

Leo C.
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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.

Mildred W.
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August 25, 2020
    

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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August 25, 2020
    

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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