Navigating life after divorce brings many changes, and one of the most critical — yet often overlooked — steps is updating your estate plan. At Hobson & Hobson, P.C., we help clients throughout Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth ensure their estate plans reflect their new circumstances and protect their interests. Here’s what you need to know about updating your estate plan following a divorce in Georgia.
Why Updating Your Estate Plan After Divorce Is Essential
Georgia law offers some automatic protections after divorce, but these are limited. For example, under O.C.G.A. § 53-4-49, provisions in your will that benefit your ex-spouse are automatically revoked. However, this does not extend to all estate planning documents or beneficiary designations. Failing to update your estate plan can result in unintended consequences, such as an ex-spouse inheriting assets or retaining decision-making authority over your health and finances.
Key Point: Georgia’s laws do not automatically update all aspects of your estate plan after divorce. Proactive action is required to fully protect your wishes and your loved ones.
What Needs to Be Updated After Divorce?
1. Wills
While Georgia law revokes certain provisions in your will that benefit your ex-spouse, it’s best practice to create a new will after divorce. This ensures:
- Appointment of a new executor (if your ex-spouse was previously named)
- Updated beneficiary designations
- Clear guardianship provisions for minor children
Expert Insight: “Relying solely on Georgia’s automatic revocation can leave gaps. A new will provides clarity and peace of mind.” — American Bar Association
2. Trusts
Georgia does not automatically remove your ex-spouse as a trustee or beneficiary of a trust. You must:
- Amend or revoke revocable trusts
- Review irrevocable trusts with an attorney to explore modification options
- Create new trusts reflecting your current wishes
This is especially important for high-asset or blended family situations, where trust provisions can significantly impact your legacy.
3. Powers of Attorney
Financial and healthcare powers of attorney are not automatically revoked after divorce in Georgia. If your ex-spouse remains named, they could retain authority over your finances or medical decisions.
Action Step: Update both your financial and healthcare powers of attorney to appoint trusted individuals who reflect your current wishes.
4. Beneficiary Designations
Beneficiary designations on life insurance, retirement accounts, and payable-on-death bank accounts override your will and are not automatically changed by divorce. This is one of the most commonly overlooked — and potentially costly — mistakes.
- Life insurance policies
- 401(k)s, IRAs, and other retirement accounts
- Bank and investment accounts with payable-on-death or transfer-on-death designations
Government Resource: Consumer Financial Protection Bureau: Updating beneficiaries after divorce
5. Guardianship Provisions
If you have minor children, your estate plan should clearly state your wishes for guardianship. Divorce may change your preferences or circumstances, making an update essential.
6. Digital Assets
With the rise of digital assets — such as online accounts, cryptocurrencies, and digital photo libraries — ensure your updated estate plan addresses access and control over these resources.
When Should You Update Your Estate Plan?
While Georgia law does not set a specific timeline, best practices recommend:
- Beginning the review process during divorce proceedings
- Implementing critical changes immediately after the divorce is finalized
- Completing a comprehensive update within 3–6 months of your divorce
Professional Advice: Early action prevents oversights and ensures your wishes are honored without delay.
Common Mistakes to Avoid
- Relying solely on automatic revocation laws: These are limited and do not cover all documents.
- Neglecting beneficiary designations: These must be updated directly with each financial institution.
- Forgetting to revise powers of attorney: Your ex-spouse could retain significant authority if not updated.
- Overlooking digital assets: Ensure your digital legacy is protected and accessible.
- Ignoring tax implications: Divorce can change your estate’s tax profile — consult a professional.
Special Considerations for Complex Situations
High-Asset Divorces
If you have substantial assets, additional planning is needed:
- Asset protection strategies
- Tax planning to minimize estate and gift taxes
- Business succession planning
- Coordination with prenuptial or postnuptial agreements
Blended Families
When children from previous relationships are involved:
- Consider separate trusts for different sets of children
- Clearly define inheritance rights to prevent disputes
- Establish clear guardianship provisions
Resource: Georgia Department of Human Services: Guardianship Information
The Value of Professional Guidance
Updating your estate plan following a divorce in Georgia is complex and requires careful attention to detail. Our attorneys at Hobson & Hobson, P.C. bring over 30 years of combined experience in family law and estate planning. We leverage advanced technology and ongoing legal training to provide efficient, effective, and client-focused solutions.
Why Choose Us:
- Expertise in complex and high-asset cases
- Special litigation training for efficient outcomes
- Client-centric approach balancing empathy with advocacy
- Five convenient Atlanta-area locations
- Commitment to ongoing education and technology
We work closely with financial advisors and tax professionals to ensure every aspect of your estate plan is addressed, giving you confidence and peace of mind.
Recent Developments in Georgia Law
As of 2025, Georgia maintains its limited approach to automatic revocation upon divorce. This makes it even more important for residents to take proactive steps to update their estate plans. Recent trends also highlight the growing importance of digital assets and the need for comprehensive planning in blended and high-asset families.
For more information or to schedule a consultation, visit Hobson & Hobson, P.C..
Frequently Asked Questions
Does my will automatically change after divorce in Georgia?
No. While Georgia law revokes provisions in your will that benefit your ex-spouse, it does not update other important documents or beneficiary designations. Creating a new will is strongly recommended.
What happens if I don’t update my beneficiary designations?
Your ex-spouse may still inherit assets such as life insurance or retirement accounts, even if you are divorced. Beneficiary designations must be updated directly with each institution.
Should I update my estate plan before or after my divorce is finalized?
Begin reviewing your estate plan during divorce proceedings and implement changes as soon as the divorce is finalized. Don’t delay — timely updates are crucial.
Do I need a lawyer to update my estate plan after divorce?
While not legally required, working with an experienced attorney ensures your estate plan is comprehensive, legally sound, and tailored to your new circumstances.
What if I have a trust that names my ex-spouse?
Georgia law does not automatically remove your ex-spouse from trusts. You must amend or revoke trusts as appropriate, often with the help of a legal professional.
Protect your future and your loved ones by updating your estate plan following a divorce in Georgia. Our team at Hobson & Hobson, P.C. is here to guide you every step of the way.
Additional Resources
- Georgia Probate Court Information
- Georgia Code: Wills and Administration of Estates
- National Academy of Elder Law Attorneys: Estate Planning After Divorce
- Consumer Financial Protection Bureau: Beneficiary Designations
- Hobson & Hobson, P.C.
This article is for informational purposes only and does not constitute legal advice. For personalized guidance, contact us at Hobson & Hobson, P.C.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.