Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills
  • Testimonials
  • Blog
  • Contact
Contact Us:
480-792-9770
Donaldson | Cunningham
  • Home
  • About
    • Monica H. Donaldson Stewart
    • Benjamin H. Cunningham
    • Kate L. Kane
    • Logan Smith
  • Family Law
    • Divorce
    • Mediation
    • Prenuptial Agreements
    • Adoptions And Termination Of Parental Rights
    • Child Support
    • Collaborative Divorce
    • Grandparents’ Rights
    • Legal Decision-Making Authority And Parenting Time
    • Paternity
    • Property Division
    • Same-Sex Family Law
    • Spousal Maintenance
  • Estate Planning
    • Living Trusts
    • Living Wills
    • Powers Of Attorney
    • Wills
  • Testimonials
  • Blog
  • Contact
480-792-9771
Integrity Driven Support For Every Stage Of Life
  1. Home
  2.  | 
  3. Family Law
  4.  | 
  5. Update estate planning documents during a divorce

Update estate planning documents during a divorce

On Behalf of Donaldson Stewart, P.C. | Apr 20, 2020 | Family Law

There are many things to consider when undergoing or contemplating a divorce. If your marriage is coming to an end, it is vitally important to review an estate plan and make sure it reflects your current and future wishes.

While the state may consider you to be legally married if something happens to you before a divorce becomes final, there are steps you can take to limit an estranged spouse’s rights as a beneficiary of your estate.

Three key estate planning considerations during divorce

You and your spouse may have created a plan including wills and trusts, to distribute your estate after one or both of you die. You may also have made guardianship decisions for children and taken out insurance policies. The only thing you didn’t count on was getting divorced. Here are some questions to consider going forward:

  • What documents might need to be changed or updated?: These include updates to your will, health care proxy, living will, power of attorney, insurance policies and trusts that you and your spouse may have set up together.
  • How does life insurance work?: If you and your spouse have policies, understand how they are paid for, who pays for them, who they provide for and what they will be used for, such as child support, spousal maintenance or both. You will likely want to change beneficiaries.
  • How can a trust help with support payments?: Instructions and requirements for paying child support and spousal maintenance can be spelled out in a revocable living trust. The trust can be funded by a life insurance policy with the added benefit of going to beneficiaries directly after someone’s death and avoiding the probate process.

Be pro-active changing your estate plan during a divorce

Taking appropriate steps for updating documents during a divorce can significantly limit a soon-to-be-ex spouse’s control over your estate. Such changes, however, should not be made without consulting an attorney, as there are limitations on what spouses are permitted to do during the time their divorce action is pending. Consult an attorney who is experienced in both family law and estate planning to help you achieve the best outcome in what can be a complicated process.

Recent Posts

  • Can birth parents suddenly withdraw consent mid-adoption?
  • Why should older couples consider prenuptial agreements?
  • 3 legal documents couples often overlook before getting married
  • Why a Power of Attorney may be necessary for college-aged children
  • Can you adopt your adult stepchild in Arizona?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Build A Stable Future With Our Caring And Practical Team

Answers to your questions about family law and estate planning are just an email away. Please complete the form below to begin a conversation with our dedicated staff.
Donaldson | Cunningham

Address

3100 West Ray Road
Suite 115
Chandler, AZ 85226
  Chandler Office Location

Telephone

480-792-9770

Fax

480-792-9771

Social Media

  • Follow
Review Our Firm

© 2026 Donaldson Cunningham, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw