Can My Ex-Spouse Get Some of My Estate?

Your will represents a final statement about how your property should be distributed after death. However, without proper planning, unintended beneficiaries – including ex-spouses – may inadvertently receive portions of your estate.

Key Ways Ex-Spouses Can Inherit

Retirement Account Beneficiaries

Divorce decrees do not automatically update beneficiary designations on retirement accounts. If you named your spouse as a beneficiary on an IRA or similar account before divorce, they may remain the listed recipient unless you specifically change the designation. This oversight is surprisingly common.

Pension Plans

Pensions operate under federal law (ERISA – Employee Retirement Income Security Act of 1974), meaning state divorce laws do not automatically remove ex-spouses’ rights. Federal regulations govern these accounts differently than other assets.

Bank Account Designations

Beneficiary designations on bank accounts are frequently overlooked during estate planning updates. These designations often remain unchanged from when originally established, potentially benefiting former spouses.

Planning Recommendations

Avoid Disinheritance Tactics

While tempting, explicitly cutting someone out of your will can invite legal challenges and complications. Consider leaving something modest instead while remaining silent on the matter.

Update All Designations

Work systematically through retirement accounts, pensions, and bank accounts to ensure beneficiary information reflects your current wishes.

Seek Professional Guidance

An experienced estate planning attorney can help ensure your wishes are properly executed and all documents are current.

If you have recently gone through a divorce or are concerned about your estate plan, contact The Stegall Law Firm. We can review your beneficiary designations and update your plan to ensure your assets go where you intend.