Skip to main content

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.

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.

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.

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.

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.

If you need advice about your particular situation, you may wish to consult an estate planning attorney in your state.

For more information about our free Will-writing platform, visit our Help Center.



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.

Did this answer your question?