Post Divorce Estate Planning


After the dissolution of a marriage, the last thing most people want to do is think about estate planning. With all the ups and downs associated with separation and divorce, it certainly is not a fun thing to plan for the distribution of property after one’s death.

And yet, viewed from a different perspective, this fundamental life changing event can be a particularly good time to reflect on what is important to each of us and how we would like to be remembered by those who follow us. With some thoughtful preparation, recently divorced people can use the immediate post-divorce period to draft some basic estate planning documents consistent with their new legal status.

The severing of the legal relationship between spouses has a major impact on estate planning. In Maryland, following a final divorce, the provisions made by the writer of a will regarding his or her former spouse are revoked by operation of law, unless there are alternative provisions in his or her will or there is language in the final divorce order to the contrary. While this affords us some measure of protection, as one might expect, relying solely on the legal default mechanism contained in the Estates and Trusts Article of the Maryland Code is likely not sufficient. Single people with minor children may have special concerns about the management of funds on behalf of their minor children. And as a general matter, because property is not exclusively passed through a will, it is essential to pay careful attention to titling of assets and forms designating beneficiaries for certain property such as insurance policies, retirement assets, or other accounts.

Although it may not be easy, tying up loose ends following a divorce with a careful review of one’s estate plan may significantly lead to clarity, healing, and ultimately peace of mind.

The Law Offices of Cynthia Lifson are located in Columbia, Annapolis, and Towson, Maryland.