Going Through a Divorce? It is Time to Change Your Will

Going through a divorce may at times seem overwhelming. You are making decisions impacting you and your family for the rest of your life. Unfortunately, the divorce process often takes a significant amount of time to resolve. Things may occur during the process that you had not anticipated, including incapacitation, arrests, bankruptcy, other financial issues, child support, and parental responsibility issues, to name a few. Remember, during the divorce process, you are still legally married to your soon to be ex-spouse.

Eric C. Cheshire, P.A., makes every effort to resolve your divorce in a timely and efficient manner. However, waiting times imposed by the court, and unforeseen litigation issues, has the potential to delay this process. You do not want your soon to be ex making important decisions on your behalf. Therefore, it is important to change your will, and address all relevant issues, before your divorce is finalized.


Couples that have a will typically list their spouse as the first person to inherit their assets. This makes sense when you are married. You want your spouse to inherit your assets to continue on with their life, on your behalf. However, now that you are divorcing, this is likely no longer the case.

By executing a new will, you select the appropriate heirs for your assets in your current situation. If you do not and your divorce is not yet complete, your soon to be ex-spouse inherits your assets. A new will prevents this. If you have children, a will can name your children as your heirs. If not, you may name your parents, siblings, a close friend, or a favorite charity as your heir. Regardless, it is important to select the heir you want to inherit your assets, rather than your soon to be ex-spouse. Note that there are exceptions to the disposition of marital property, by will, prior to the finalization of a divorce. Therefore, it is prudent to discuss changes to your will with a knowledgeable divorce attorney.

Medical Decisions

As previously stated, until your divorce is complete, you are still legally married to your spouse. Complete a health care directive, sometimes called a living will, naming a more appropriate individual to make healthcare decisions for you today. If you are incapacitated during your divorce, without a new living will, your spouse will be looked to for decisions regarding your continuing care. By drafting a new living will, you select an adult child, parent, sibling or trusted friend to make healthcare decisions for you in the event you are incapacitated.

Update Your Will ASAP During a Divorce

Everyone wants inheritance or medical decisions to be made by someone acting in their best interests. A divorce may take a significant amount of time as unanticipated events often occur during this process. Updating your will during a divorce gives you control over who makes decisions on your behalf if the unexpected should occur.

If You Are Divorcing

If you are divorcing, a will isn’t the only document that needs to be correctly updated. Contact the office of Eric C. Cheshire, P.A., marital and family law attorney. With over 25 years of experience, Eric Cheshire is able to anticipate potential pitfalls, and provide you with the latest information about how to get your affairs in order during the divorce, and will navigate you through these issues, according to your best interest. Contact us today at (561) 677-8090

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