When Divorce Changes Everything You Thought Was Set in Stone
Divorce not only ends a marriage but also reshapes how your assets will be handled after your death. Many people don’t realize that divorce can automatically cancel some parts of their wills and trusts that benefit their former spouse. Without revising these documents, your ex-spouse might still have rights to your property or the ability to manage assets meant for your children. Understanding how divorce impacts your estate plan is crucial to protect your wishes and your family’s future.
How Divorce Affects Wills in Oklahoma
In Oklahoma, when a divorce is finalized, any will provisions that benefit the former spouse are automatically revoked by law. This means that gifts, trusts, or appointments of an ex-spouse as executor or trustee in the will are treated as if that person had died before you did. The law essentially assumes you no longer want your ex-spouse to inherit or manage your estate.1 However, this automatic revocation doesn’t always cover every situation, especially with powers of attorney or beneficiary designations outside the will, so you should update those separately.
Because the law treats the ex-spouse as if they predeceased you, it’s important to revise your will to reflect your current wishes. Many people choose to name new trustees, executors, or guardians for minor children to avoid unintended control by an ex-spouse.
Trusts and Divorce: What Changes and What Doesn’t
Trusts, especially living trusts, often act like a will but can be more complex. Like wills, revocable living trusts are generally treated the same way under Oklahoma law, meaning provisions favoring an ex-spouse are usually revoked by divorce.3 However, irrevocable trusts are different. These trusts often continue to provide benefits to the ex-spouse unless the trust specifically includes language that revokes those benefits upon divorce. This can include income or principal distributions during the ex-spouse’s lifetime.
Because irrevocable trusts are not automatically changed by divorce, it’s important to review these documents carefully. You might want to amend or clarify the trust terms to redirect benefits from an ex-spouse to your children or other beneficiaries. This step often requires the help of experienced estate lawyers familiar with both trust law and divorce.
Protecting Minor Children and Controlling Asset Management
Divorce raises special concerns when minor children are beneficiaries of your estate plan. Often, your ex-spouse may be the natural guardian of your children, which could give them control over trusts or assets intended for the children. For example, a trust might allow the guardian to make decisions about distributions, investments, or appoint new trustees. Without changes, your ex-spouse could retain significant control over your children’s inheritance.
One way to limit this is to separate the roles of guardian of the person and guardian of the property. You can name your ex-spouse as guardian of the person but appoint a different guardian of the property with defined powers over asset management. This arrangement helps reduce the ex-spouse’s ability to use the trust assets in ways you would not approve.2 Revising trusts to restrict direct payments to an ex-spouse or limiting their power to appoint successor trustees can protect your children’s interests.
Why Revising Your Estate Plan After Divorce Is Essential
After a divorce, your overall estate plan may no longer reflect your intentions. Beyond wills and trusts, issues such as joint ownership of property, powers of attorney, beneficiary designations on retirement accounts, and payable-on-death accounts all need review. Some estate planning documents, like joint wills or contractual wills, may be difficult or impossible to change without legal action.5
To prevent confusion and unintended consequences, it is wise to work with experienced Tulsa lawyers who understand how divorce interacts with estate planning. They can help you update all relevant documents to ensure your assets are protected and distributed according to your current wishes.
Contact Tulsa Lawyers at Wirth Law Office Today
Divorce changes more than just your marital status—it can reshape your entire estate plan, sometimes in ways you don’t expect. If you need legal help navigating these complex issues, call Wirth Law Office at (918). 879-1715. Our team can guide you through revising your wills, trusts, and other estate planning documents to protect your interests and your family’s future. You’re not alone in this process, and careful planning can bring clarity and peace of mind.
1 Okla. Stat. tit. 84 § 122; see also Johnson v. Johnson, 1983 OK 117, 674 P.2d 539.
2 Cousins v. Cousins, Civ.App., 595 S.W.2d 172 (1980), error dismissed.
3. Okla. Stat. tit. 15 § 178.
