Estate Planning, Family Law

Estate Planning After Divorce

After a divorce, most people are concerned about the property division and child custody provisions of their Judgment. Paying attention to these details will hopefully prevent any possible future conflict with your ex-spouse.

Estate planning after divorce needs to be considered as well. This may not seem so obvious, but here are three things you should consider to protect your financial position:

1. You need to review your estate plan, and create a new will, power of attorney or other documents. These steps should be taken quickly as a divorce will not necessarily alter the provisions of these documents and may give rights to your ex-spouse that you no longer wish for him or her to exercise.

2.You need to notify your employer that you are single as of the date of the Judgment. This will allow your employer to collect the appropriate amount of taxes for you as a single person for the year in which you were divorced and all subsequent years. You will need to fill out a new W-4 form for your employer immediately.

3. You should remove your ex-spouse’s name as a beneficiary from all your benefits at work, including your pension, health insurance and life insurance, as well as from any personal policies you may own. While Missouri law provides that a divorce invalidates prior beneficiary designations to your ex-spouse, federal law may preempt this provision. The U.S. Supreme Court has held in Kennedy v. Plan Administrator, 129 S.Ct. 865 (2009), and Hillman v. Maretta, 569 U.S. ___ (2013), that the failure to remove your former spouse from any of these plans may result in them receiving your benefits at your death. Remember that most group health insurance policies include a small life insurance provision and you should remove your ex-spouse’s name from that policy as well.

Please take the time to review all insurance policies, and all other documents that make a beneficiary designation, carefully after divorce to make sure you do not need to make changes. If you have any questions about your divorce Judgment or how to make the changes needed to your estate plan following a divorce, please contact us.

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