Oct 14 2026 13:00

Post-divorce estate planning updates during National Estate Planning Month

Quick Summary: October is National Estate Planning Month, making it an ideal time to revisit your estate plan after a divorce, separation, remarriage, new child, or other major family change. At Roach Law LLC, we help clients in Philadelphia and Southeastern Pennsylvania consider how family law changes can affect wills, beneficiary designations, decision-makers, and plans for children. This overview is educational and is not individualized legal advice.

When Divorce Changes More Than Your Marital Status

Divorce brings a long list of immediate decisions, from parenting arrangements to property division. Once the divorce process is complete, however, it is important not to overlook the documents and accounts that may still reflect an earlier chapter of your life.

Your estate plan should reflect the people you trust now, the family you want to protect now, and the goals you have now. That may mean more than updating a will. Some assets pass outside of a will, and important healthcare or financial decisions may need to be handled by someone other than a former spouse.

Review Beneficiary Designations First

Beneficiary designations often control who receives funds from accounts such as life insurance policies, retirement accounts, pensions, and certain bank or investment accounts. Because these designations can operate separately from your will, changing a will alone may not be enough.

After divorce or another significant family change, review each beneficiary designation and any contingent beneficiary. Consider whether your selections still match your intentions, particularly if you have remarried, welcomed a child, lost a loved one, or experienced a substantial change in your family relationships.

It is also wise to confirm your updates directly with the financial institution or plan administrator and keep records of the changes you make.

Update Your Will to Match Your Current Priorities

Your will can address how you would like certain property distributed, who should manage your estate, and other personal priorities. Following a divorce, it may be time to reconsider provisions that named a former spouse as a beneficiary, executor, or recipient of personal property.

Major life changes can also create new planning needs. A new marriage, blended family, adult child, inheritance, business interest, or change in financial circumstances may all affect how you want your estate handled. Roach Law LLC can help you approach these conversations thoughtfully and with your broader family circumstances in mind.

Revisit Financial and Healthcare Decision-Makers

Estate planning is not only about what happens after death. It also includes planning for a period when you may be unable to make decisions for yourself. A financial power of attorney can authorize a trusted person to handle specified financial matters, while healthcare directives and healthcare powers of attorney can help communicate your medical wishes and identify who may make healthcare decisions on your behalf.

Many people originally name a spouse for these roles. After divorce or separation, review whether that choice remains appropriate. Choose people who are dependable, understand your wishes, and can act responsibly during a difficult time. You may also want to name alternate decision-makers in case your first choice is unavailable.

Plan Carefully for Children and Guardianship

For parents of minor children, post-divorce estate planning can be especially important. Your documents may express your preferences for a guardian if both parents are unable to care for the children. While a court ultimately considers the child’s best interests and applicable law, identifying a thoughtful preference can provide meaningful guidance.

Consider who has the values, stability, willingness, and practical ability to care for your children. Speak with the person you are considering before naming them, and consider an alternate guardian as well. You may also want to review how assets intended for your children would be managed until they are old enough to receive them responsibly.

Make Sure Trusted Roles Still Reflect Your Life

Executors, trustees, guardians, agents under powers of attorney, and healthcare representatives all hold important responsibilities. A major life change is a useful prompt to review each appointment. Even if divorce is not part of the picture, an aging parent, changed friendship, relocation, illness, or shift in family dynamics may mean it is time to make an update.

Choose people based on trust, judgment, availability, and their ability to handle the responsibility—not simply tradition or obligation. Let those individuals know where your documents are stored and how to locate key information if they ever need to act.

A Coordinated Approach to Family Law and Estate Planning

At Roach Law LLC, we understand that family transitions do not fit neatly into one legal category. Divorce, custody considerations, changing family structures, and estate planning decisions can overlap in important ways. Our client-centered approach helps Philadelphia and Southeastern Pennsylvania clients identify practical next steps that align with their current circumstances and future goals.

National Estate Planning Month is a helpful reminder that an estate plan should grow and change with your life. If you have recently divorced or experienced another major family change, schedule a consultation with Roach Law LLC to discuss your estate planning and family law needs. Call (267) 343-5818 or visit roachjustice.com to get started.

This article is provided for general educational purposes only and is not legal advice. Every situation is different, and a consultation with an attorney can help you understand the options that may apply to your circumstances.