Updating Your Will After Divorce: What the Law Says

Divorce reshapes life in big and small ways, and your estate plan is part of that picture. If your will still reflects a past relationship, your wishes can get lost, or worse, spark family tension later. At Peach State Wills and Trusts©, we help Georgians refresh documents so they match real life, not yesterday’s story.

Our focus is simple, plain-English planning for Georgia families. In this article, we walk through what Georgia law does after a divorce, what it does not do, and the practical steps to update your will and related documents.

Why Updating Your Will is Crucial After Divorce

A divorce changes ownership of property, who depends on whom, and who you trust with decisions. That ripple reaches your will and every other estate paper. A quick review now can prevent a mess later.

If old documents stay in place, your plan can point assets to a former spouse or leave gaps in roles like executor or guardian. That can lead to confusion or disputes that no one wants during a hard time.

Your will and plan should reflect your current wishes, your current beneficiaries, and your current life. A short meeting and updated signatures can bring everything back in line.

• Old wills can send gifts in the wrong direction or skip people you care about today.
• Outdated roles, such as a former spouse as executor or agent, can stall decisions when time matters.
• Beneficiary forms on accounts can override your will, which surprises many families.

With that in mind, let’s look at what Georgia law changes automatically, and where you still need to act.

Georgia Law: Automatic Revocation and Its Limits

Georgia’s “revocation upon divorce” statute, O.C.G.A. § 53-4-49, treats a former spouse as if they passed away before you, but only inside your will. Gifts to the former spouse and their nomination as executor are revoked under that law. The rest of your will stays in place unless you change it.

The automatic rule is narrow. It does not change beneficiary designations on life insurance, retirement accounts, or POD and TOD accounts. It also does not fix trusts. Those items still may need your action.

Regarding your power of attorney, a filing for divorce or a legal separation revokes your agent’s authorization to serve as your agent (see O.C.G.A. 10-6B-10) unless the document otherwise provides for continued service. A separate statute, O.C.G.A. 31-32-6, revokes your divorced spouse’s authority to serve as your healthcare agent under the healthcare directive, absent an expressed intent in the document that he or she should still serve even in the event of a divorce. If a divorce modifies your agents in this manner, you may need to update your power of attorney and healthcare directive to appoint new agents.

Taking proactive steps helps you avoid surprises and keep your plan consistent from top to bottom. The table below outlines what changes by itself and what does not in Georgia.

Document or Asset	Automatic Effect After Divorce	Action Needed by You
Will	Provisions favoring the former spouse are revoked under O.C.G.A. § 53-4-49	Create a new will to reset gifts, executors, and guardians
Life Insurance	No automatic change	File a new beneficiary form
Retirement Accounts, 401(k), IRA	No automatic change	Update the plan’s beneficiary form
POD or TOD Bank and Investment Accounts	No automatic change	Sign new beneficiary instructions with each institution
Revocable Trust	No automatic change	Amend or revoke, then restate terms
Powers of Attorney	Provisions favoring the former spouse are revoked under O.C.G.A. § 10-6B-10	Update the power of attorney to ensure appropriate persons as listed as agents.
Healthcare Directive	Provisions favoring the former spouse are revoked under O.C.G.A. § 31-32-6	Update the healthcare directive to ensure appropriate persons as listed as agents.

 

Now that you see the split between automatic and manual changes, let’s walk through the updates we suggest after a divorce.

Key Documents to Review and Update

Think of this as your post-divorce estate checklist. If you tackle each item, your plan will fit your life again.

Wills

Draft a new will so your wishes are crystal clear and current. A fresh document avoids confusion over what got revoked and what did not.

Pick a new executor if your former spouse had that job. Then confirm alternates who can step in if your first pick cannot serve.

Update gifts and beneficiaries so they match your goals today. Small tweaks here can prevent big headaches later.

Next, review any trusts tied to your plan to ensure they still work in your favor.

Trusts

For revocable trusts, amend or restate to remove a former spouse as beneficiary or trustee. You can also change how and when distributions happen.

For irrevocable trusts, meet with a trust attorney to explore legal options. Some changes can be made, but others are locked in by design.

If you have children, consider setting up new trusts that hold assets for them with a trustee you trust, not your former spouse.

With trusts addressed, bring decision-making documents up to date as well.

Powers of Attorney and Healthcare Directives

Designate new agents who can step in, and name backups who can serve if needed. Keep signed copies where they can be found quickly.

Beneficiary forms are next, and they are easy to miss without a prompt.

Beneficiary Designations (Non-Probate Assets)

These forms control who gets the asset, often even if your will says something else. Take time to change each one with the company that holds the account.

• Life insurance policies, group and private.
• Retirement plans, including 401(k)s, 403(b)s, and IRAs.
• Bank and investment accounts with POD or TOD instructions.

Confirm that you received written confirmation of each change, and keep copies with your estate file.

Families with minor kids also need to refresh guardianship choices in case the unexpected happens.

Guardianship Provisions

Review who you named to care for your minor children if you pass away. After a divorce, the other parent often retains rights, but you can name backups if both parents are unable to serve.

Talk with your chosen guardians to confirm they are still willing and able. Set up a trust to manage money for kids so a steady hand is on the finances.

Our lives are also lived online now, which means your plan should cover digital property too.

Digital Assets

Make a list of your online accounts, crypto, domains, photos, and cloud storage. Note where the credentials are kept, not the passwords themselves.

Give your executor or trustee authority to access and manage digital property. Georgia has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which helps if your documents give permission.

Leave simple, written instructions about what should be closed, saved, or transferred.

Remarrying and Your Will

Remarrying a former spouse can revive old will provisions that favored them, if those provisions were not revoked or changed after the divorce. That wrinkle catches people off guard. If you do not want that result, a new will puts your wishes back in charge.

When you marry someone new, draft a new will that includes your spouse and, if you choose, stepchildren. Clear language reduces later friction and sets expectations.

Georgia allows you to leave a spouse out of your will, but you must say so plainly. Talk through the pros and cons before you pick that route. And, you might not be able to fully disinherit them, as they may still be able to obtain a year’s support from your estate.

Minor missteps add up fast. A short list can help you dodge the common ones we see.

Common Mistakes to Avoid

• Leaving old beneficiary forms in place on life insurance, retirement plans, or POD and TOD accounts.
• Skipping digital assets and access instructions for your executor or trustee.
• Forgetting to update powers of attorney and healthcare directives.
• Ignoring tax angles tied to property transfers or retirement accounts after divorce.
• Relying on DIY documents that do not match Georgia law or your divorce decree.
• Failing to revisit your plan after new life events like remarriage or new children.

A quick review with a Georgia-focused team keeps these from becoming bigger problems later.

Seek Skilled Legal Guidance for Your Estate Plan

Post-divorce changes require precision to ensure your will, trusts, and other key documents match your current wishes and comply with Georgia law. At Peach State Wills and Trusts©, we guide you through each update so your plan protects what matters most.

If you have any questions about estate planning in Georgia, you can download our free guide HERE, no strings attached. Or call 678-228-8233 or visit our Contact Us page to schedule a review. A focused meeting today can prevent future disputes and give you lasting peace of mind.