Guiding Southern California Clients Through Post-Divorce Estate Plan Updates

When most people say “I do” at a wedding, they hope it truly lasts a lifetime. In California, this wish has a relatively high chance of coming true. As of 2025, California ranks among the bottom ten states in America for divorce. This means that, when couples wed in the Golden State, it usually does mean “until death do us part.” Because of the strength of California marriages, many people don’t consider what could happen in the event their union does end in divorce. This can be especially troublesome for couples who planned on being in it for “the long haul.”

Many couples plan for a lifetime together. In many instances, this extends to their wills and estate plans. Most married couples in California who have engaged in estate planning include their spouses. In some instances, they may even include stepchildren from a blended family. While this may be smart planning for a long-term marriage, it can spell disaster in the event of a divorce. This is because, under California law, the terms of wills and estate plans must be updated following a divorce.

If you die before rewriting your will or estate plan, it could mean your former spouse and their family may inherit your estate. This is true even if you have remarried or begun a new relationship. This is why it’s vital for every person who has gone through a divorce to contact an experienced post-divorce estate planning attorney. We can review your case and ensure you aren’t accidentally leaving money and other assets behind for someone else’s family.

Does a Divorce Invalidate a Will in California?

Many people are under the mistaken impression that, if they get divorced, it invalidates the terms of any contracts they may have had with their former spouse. This is not true. Divorce formally dissolves a legal union between two individuals. During divorce proceedings, you may divide assets and determine child custody arrangements if there are any minor children involved. However, unless they explicitly become part of the courtroom proceedings, a divorce does not invalidate any other contracts you may have entered into with your spouse. This includes naming them in your will.

Wills are basic but vital documents. Although more elaborate estate plans are essential for people who plan on leaving behind a large amount of money and assets, wills are essential components of every estate plan. 

A will is necessary for naming an executor of your estate, assigning custody of minor children or disabled adults, and outlining funeral arrangements. A will can also be used to bequeath certain goods and valuables to intended parties. Wills are vital because they provide a framework for how to settle a deceased person’s estate. Without a will, someone is said to have “died intestate.” 

What is Dying Intestate and Why Does it Matter if I’m Divorced?

Dying intestate triggers a lengthy legal process called probate. While every person’s estate must go through probate, having a will expedites this process. Probate without a will is often long, drawn out, and expensive, sometimes requiring up to three separate lawyers. Even if you have a will, though, and it wasn’t updated following your divorce, it may result in complex issues. 

For example, if you named your previous spouse as the executor of your estate or the primary beneficiary, but you failed to update your will before death, your former spouse may still have a legal right to your estate. This is true even if you were married to another person following the divorce. Under these circumstances, your spouse may have to go to court against your ex to settle matters.

Do I Need to Change My Estate Plan Following a Divorce?

Many people have the same mistaken belief about estate plans as they do wills: that a divorce invalidates some or all of an estate plan as related to your ex-spouse. This is not true. What’s more, when dealing with estate plans, this mistaken belief can lead to even more disastrous results.

Most estate plans include, but are not necessarily limited to:

• Wills
• Trusts
• Power of Attorney
• Advance Health Care Directives
• HIPAA Authorizations

One of the functions of an estate plan is to have procedures in place in the event of a medical emergency or to provide your loved ones with a roadmap for end-of-life care. Many people choose to place their spouse in charge of their health care. In the event you get divorced, and then are injured in a severe accident or hospitalized with a serious illness, your estate plan remains valid. This includes power of attorney, access to your medical records, and the ability to make decisions on your behalf. If you did not update your estate plan following a divorce, your former spouse may be able to usurp these responsibilities and privileges from your new family. This is why updating your will and your estate plan is vital for every divorced resident.

Can I Prevent the Need for Updating My Will and Estate Plan After a Divorce?

There are certain legal strategies you may employ to avoid potential issues in the event of a divorce. One of these strategies is a prenuptial agreement. A prenuptial agreement is also sometimes called “what’s yours is yours and what’s mine is mine.” It allows couples to determine, before marriage, what they would like to happen to their assets and estates in the event of a divorce.

A prenuptial agreement is a way to avoid a potentially messy divorce by already having arrangements in place. Some couples believe prenuptial agreements “jinx” a marriage or predict that they are going to fail. This is not true. Prenuptial agreements are a form of insurance, no different from car insurance. No one who buys car insurance wants to get in a wreck. However, if it should happen, your auto policy provides a safety net. The same is true for prenuptial agreements. A prenuptial agreement can be used to establish what will happen regarding your will and estate plan in the event of a divorce.

Can My Former Stepchildren Inherit My Assets After a Divorce?

Under certain circumstances, yes. For example, say your ex-spouse was the primary beneficiary of your estate, but you did not update your will. If both you and your ex-spouse pass away, their children may be able to lay claim to your estate as the next-of-kin to the primary beneficiary. This may have the unintended consequence of cutting your own children or heirs out of your estate. This is why updating your will and estate plan following a divorce is imperative for every Bakersfield resident. Keeping your estate plan up-to-date will ensure that your intended heirs receive your assets, and not people to whom you no longer have any connection.

How Can I Update My Will and Estate Plan Following a Divorce?

Updating your will and estate plan is a vital step following a divorce. Many people neglect to take immediate action, potentially resulting in years’ worth of messy legal battles for their heirs. No one should leave behind a legacy of courtroom battles and hurt feelings. Ensure your wishes are kept up to date following a divorce. If you or a loved one recently got divorced and needs to update your will and estate plan, don’t hesitate to contact the Law Offices of Robert H. Brumfield, P.C.

Robert H. Brumfield and his compassionate legal staff know that divorce and estates are two incredibly sensitive topics. They approach every client with care and compassion, and work with everyone to ensure their legal needs are being met. We don’t consider a case complete until our clients are happy with their results, and their families can rest assured they’ll be protected for generations to come.

Divorce can be challenging, but it doesn’t have to be that way. To begin your fresh start, contact Robert H. Brumfield and his dedicated legal team today. Don’t hesitate. If you or a loved one has recently gone through a divorce, contact 661-384-6940 to schedule your free consultation.