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How marriage and divorce affect your Will

A change in your relationship can have a real effect on your Will, so it's worth knowing what to watch for.
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​Marriage: in some states, getting married can revoke a Will you made beforehand — sometimes automatically. If that happens and you don't make a new one, state law may decide who inherits, which might not match your wishes. After you marry, it's a good idea to review your Will or make a new one. It's also worth knowing that many states give a surviving spouse certain protections, which generally means a spouse may be entitled to a share of an estate even if a Will says otherwise.
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​Divorce: ending a marriage can change how a Will is read. In some states, gifts to a former spouse — and their appointment as executor — may be treated as though the former spouse had died first, while the rest of the Will may still stand. Because of this, it's a good idea to review your Will after a divorce rather than assume it updates itself.
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​Separation: separating without divorcing generally doesn't have the same effect as divorce — in many states you remain legally married, and a Will may be read accordingly. If you're separated, reviewing your Will is worth particular attention.
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Exactly how marriage, divorce, and separation affect a Will differs from state to state. If your circumstances change, you can sign in and update your online form at any time — your EveryWill account includes free, unlimited updates. Keep in mind that you'll then need to download, print, and complete the updated document following the signing and witnessing instructions.
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If you need advice about your particular situation, you may wish to consult an estate planning attorney in your state.
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​EveryWill is not a law firm, and does not provide legal advice. This article is provided for educational purposes only; it is not, and should not be taken as, legal, tax, or financial advice. Laws vary by state and change over time, and this article is not a substitute for the advice of an attorney licensed in your state who knows your circumstances. Reading this article does not create an attorney-client relationship with EveryWill. Use of EveryWill’s platform and services is subject to its Terms of Service and Privacy Policy.

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