Does Divorce Revoke Your Will?
Your divorce will not revoke your will. Your will is still valid and enforceable. Divorce does not mean you will die intestate (without a will).
How Does Divorce Affect Your Will?
While a divorce will not revoke your will, divorce can affect your will in different ways. Specifically, divorce can change the following parts of your will:
Your ex-spouse is treated as having predeceased you: If you don’t change your will or execute a new will after your divorce, then all provisions in your will that affected your ex-spouse will be treated as void. Specifically, a court administering your will and estate will pretend your ex-spouse predeceased you. So, for example, if in your will you left your ex-spouse $50,000, your ex will not receive that $50,000.
However, if your will says otherwise, then your ex-spouse will not be treated as having predeceased you. For example, if in your will you state your spouse is entitled to the gifts even if you divorce, then they will not be treated as having predeceased you. The provisions to your ex-spouse will not be void, and they will receive the $50,000.
Similarly, if your divorce, annulment, or dissolution judgment states otherwise, your ex-spouse will not be treated as having predeceased you. Here, it’s not your will stating you want to provide for your ex-spouse, it’s the court requiring you to provide. If this is your situation, then as in the previous exception, your ex-spouse will still receive the provisions in your will ($50,000, for example).
Additionally, a prenup or postnuptial agreement can also affect your will. Because the purpose of prenuptial and postnuptial agreements is to determine property division upon divorce, then the provisions in your agreement will greatly affect your estate plan.
Gifts to in-laws are still valid: While provisions to your ex-spouse will be automatically treated as void after your divorce, the same is not true for your in-laws. So, let’s say, in your will, you left your mother-in-law $10,000, your sister-in-law your car, and your brother-in-law some land in Miami. Your divorce will not void the provisions to your mother-in-law, sister-in-law, and brother-in-law. They would still receive the $10,000, the car, and the land.
What Happens If You Remarry The Spouse You Divorced?
Crazier things have happened. What happens if you remarry your ex-spouse? How will your will be affected?
The provisions to your ex-spouse (now new spouse) will not be revived. The provisions that were voided by the divorce will not be effective again after remarriage. This means if you do not change your will after your remarriage, your will won’t provide for your spouse.
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