Getting Divorced? Don’t Make Your Ex Your Accidental Heir
You’re getting divorced. Life feels upside down. You have had enough dealing with the lawyers. The last thing you want to do is deal with more lawyers. But there is one lawyer you actually do want to talk to during a divorce: the estate planning kind.
It might not be the end of your life (even when it feels like it), but it is the end of a marriage—a life shared, routines built, futures planned. And if you die before your divorce is finalized, guess what? You’re still legally married.
And your Estate? It acts accordingly.
“Wait… what? But we filed for divorce!”
Yep. Filing isn’t enough.
Negotiating isn’t enough.
Even living completely separate lives for years isn’t enough.
Until a judge signs the final divorce decree, probate law treats you and your not-quite-ex as a happily married couple—at least financially.
So, if something unexpected happens before the ink is dry, Washington’s community property rules step in, and your spouse (yes, that spouse) may inherit a whole lot more than you’d like.
What That Means for Your Stuff
If you haven’t updated your estate plan, your soon-to-be ex could end up with:
- Your half of all community property assets
- Any non-probate assets where they’re still the named beneficiary (think life insurance, retirement accounts, payable-on-death accounts)
- The legal authority to act as your Personal Representative (executor)
- Power over your health care decisions if you never changed your medical power of attorney
Basically, you could unintentionally leave your ex a farewell gift package that includes your assets and control over your estate.
The Good News: You Can Fix This!
You don’t have to wait until your divorce is over to protect your estate. You can:
- Update your Will
- Replace your powers of attorney (so your ex can’t decide your medical fate—awkward)
- Review and change beneficiary designations
- Create a trust to protect assets for kids or other loved ones
There may be temporary court orders limiting certain financial moves during divorce, but a thoughtful estate plan can still work safely within those boundaries.
Call It Self-Care, Call It Risk Management—Either Way, It Matters
Divorce is hard enough without accidentally leaving your soon-to-be ex in charge of your estate—or as your main beneficiary. Until your divorce is final, Washington still considers you legally married, no matter how separated you are or how long it’s been.
So, while you’re rebuilding your life, take an hour to update the documents that protect it.
After all, divorce changes a lot. Your estate plan should change too.
To learn more about Washington’s Estate and Divorce Laws, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.