What to Do if You Get Divorced: Updating Your Estate Plan

Sarah discovered her ex-husband was still her medical decision-maker six months after their divorce when she landed in the hospital after a car accident. Despite their bitter separation, he had full authority over her healthcare choices. "I never thought about updating my healthcare proxy," she later admitted. "Everyone told me to change my will, but no one mentioned these other critical documents."

Sarah's story isn't unique. While most divorced people know to update their wills, they often overlook crucial elements of their estate plans that could leave their ex-spouse with surprising levels of control over their lives and assets. Here are the hidden risks your lawyer probably didn't warn you about:

The Digital Aftermath: Your Virtual Estate

When Michael's ex-wife locked him out of their shared Netflix account, he laughed it off. But when she used their joint Amazon photos account to delete years of family memories and accessed their shared password manager containing his banking credentials, the situation turned serious. Digital assets, often overlooked during divorce proceedings, can create unexpected vulnerabilities:

• Cryptocurrency wallets and NFT collections
• Social media account access and digital memories
• Online business login credentials
• Cloud storage containing sensitive documents
• Gaming accounts with valuable virtual assets
• Subscription services with stored payment information

The Hidden Powers Your Ex Might Still Have

Traditional estate planning advice covers the basics - wills, trusts, and life insurance. But modern life creates complex webs of legal authority that divorce doesn't automatically sever:

• Business Succession Plans: Your ex might still be listed as your backup in your LLC's operating agreement
• Genetic Rights: Stored embryos or genetic material might still be under joint control
• Safety Deposit Boxes: Joint access often persists post-divorce
• Password Manager Emergency Access: Your ex might retain "emergency access" to your digital life
• Charitable Pledges: Joint promises to donate might still be binding
• Smart Home Systems: Connected devices might give your ex ongoing access to your home

Cross-Border Complications: When State Lines Blur

Jennifer assumed California law would automatically remove her ex-husband from her will. But when she moved to Louisiana six months later, she discovered that different state laws applied. Cross-jurisdiction issues create unexpected complications:

• State laws vary on the automatic revocation of estate provisions
• International assets may follow different rules
• Moving between states can affect estate plan validity
• Foreign divorce decrees might not be recognized everywhere
• Digital assets stored in different jurisdictions face complex rules

The New Family Dynamic: Modern Complications

Today's families don't fit traditional estate planning models. Consider these modern scenarios:

• Genetic Children vs. Step-Children: Your step-children might lose inheritance rights post-divorce
• Co-Parenting Apps: Decision-making authority through parenting platforms
• Future Marriage Impact: How your estate plan affects potential new spouses
• Extended Family Rights: In-laws' continuing claims to family heirlooms or businesses
• Digital Family Archives: Rights to shared photos and memories

So, What Should You Do Next?

Instead of an overwhelming checklist, here's a strategic timeline:

Immediate Actions (First 48 Hours):

• Change passwords on critical accounts
• Revoke emergency access permissions
• Update two-factor authentication phone numbers
• Remove ex-spouse from smart home systems

Week One:

• Update medical directives and healthcare proxy
• Change beneficiaries on life insurance and retirement accounts
• Revoke financial powers of attorney

First Month:

• Update digital estate inventory
• Review business succession documents
• Change the safety deposit box access

Within Three Months:

• Complete a comprehensive will update
• Revise trust documents
• Update digital asset directives
• Review cross-border asset protection

Ongoing Maintenance:

• Annual review of digital access points
• Regular update of password manager settings
• Periodic review of state law changes
• Documentation of new digital assets

Tools for the Transition

Modern estate planning requires modern tools:

• Digital estate planning platforms
• Password manager family settings
• Asset tracking apps
• Cloud storage permission management
• Digital legacy services

Remember: The complexity of modern life means estate planning after divorce isn't just about changing your will. It's about understanding and protecting your digital, physical, and legal rights across multiple jurisdictions and platforms. Take control of your future by addressing these often-overlooked aspects of post-divorce estate planning.

Time to Update Your Estate Plan?

If you need help with these or other estate planning tactics, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney.