In Arizona, estate planning after divorce is critical. You want to ensure that your wishes are updated and followed in the event of incapacity or death. You may have established an estate plan with your former spouse, but what happens to that plan if you are divorced? 

In Arizona, your former spouse is not considered your surviving spouse, so they are not eligible to receive any part of your estate. In addition, your former spouse, and your former spouse’s relatives would be unable to act as your personal representative (“Executor”), Trustee, or Agent under medical or financial powers of attorney. So, one would think you would not have to update your estate planning documents or leave any other instructions. However, these default laws do not address all issues, such as the following: 

If you had a Trust together, that Trust will terminate, and all assets will be distributed to the parties pursuant to the Dissolution order.  However, if you had a Trust together you likely also had a “pour-over” Will which leaves all your estate assets to that joint Trust. If the Trust is terminated and the Will is never updated this can create significant issues and unintended consequences in administering your estate and final wishes. As such, it is imperative that you create a new Will and/or Trust after divorce. 

What if your former spouse or their relatives (e.g., your former stepchildren) are your designated Agent(s) on medical and financial powers of attorney? The law removes them as Agents by default. But what if this doesn’t reflect your wishes? In that event, you would need to sign updated powers of attorney after divorce.  

What if you do wish for your former spouse to inherit some or all of your estate? Again, you must update your estate plan and beneficiary designations to confirm the same or the law prohibits your former spouse from receiving any portion of your estate. 

Keep in mind, the same rules do not apply if you are legally separated (instead of divorced) because the marriage has not ended (or been dissolved). If you pass away while legally separated, your spouse would be entitled to anything you may have left them in your Will, Trust, and anything you may have left them under beneficiary designations (e.g., life insurance policies or retirement accounts). If you are legally separated and are concerned about what your spouse may inherit when you pass away, you should contact an experienced attorney and amend your Will and/or file a motion to convert your legal separation to a divorce.

It is crucial to update your estate planning documents and beneficiary designations after divorce to avoid unintended consequences. Updating your estate plan ensures that your wishes are accurately reflected and that your assets will be distributed according to current intentions, providing you and those you care about with peace of mind.  

These recommendations are general in nature, and your specific circumstances may require additional or different considerations or solutions. It’s important to consult with an experienced estate planning attorney who can provide personalized advice based on your unique situation, goals, and objectives. 

In Arizona? Call our office today at 480-922-1010 or email info@bivenslaw.com to schedule your complimentary estate planning consultation. We have the experience and knowledge you need to craft your personalized estate plan after any significant life change, such as divorce. 

 — Stephanie A. Bivens, Esq., CELA