Divorce & Estate Planning

Now that your divorce is officially behind you, it's time to shift focus and consider how it affects your estate plan here in Arkansas.

Changes to your Will

The divorce decree automatically cancels any parts of your Will mentioning your ex-spouse. So, if your Will says your house goes to your ex, that part is wiped clean without you having to do anything extra. Don't worry, the rest of your Will still stands. But especially if it doesn't mention someone else to inherit or manage things, it is a good idea to update it. See Ark. Code Ann. 28-25-109.

Adjusting Power of Attorney

If your existing Power of Attorney designates your ex-spouse as your Agent, filing for divorce automatically revokes this designation in Arkansas, even before the divorce is finalized. Some Power of Attorney forms may, however, include provisions allowing your ex-spouse to continue as your acting Agent post-divorce, so careful review is necessary. Ensure your estate plan includes successors capable of stepping in during your incapacity. See Ark. Code Ann. 28-68-110.

After the Divorce – What's Next

Once the dust settles, take a close look at your estate plan. Confirm that you've picked alternate people who can step in if needed, both for decision-making and inheriting stuff. If tweaks are needed in your Will or other documents, talk to your lawyer to make sure it's all sorted. And if you've got questions, don't hesitate to reach out — because in estate planning, peace of mind is key.