Divorce can affect who controls your estate and who inherits your property. You may wonder if you can update your will before the process is final.
You can revise your will while divorce is pending
In Virginia, you may change or revoke your will at any time if you are of sound mind. Filing for divorce does not prevent you from signing a new will or adding a codicil.
This can matter if your current will names your spouse as executor or primary beneficiary. If you pass away before the divorce is final, your spouse could still serve in those roles unless you make changes. You may consider updating the following:
- Executor: Choose someone you trust to manage your estate.
- Beneficiaries: Redirect assets to children, relatives or charities.
- Guardians: Name a trusted adult for minor children if needed.
These updates can align your estate plan with your current wishes.
How Virginia law treats divorce and wills
Virginia law addresses what happens after a divorce becomes final. Under Code of Virginia § 64.2-412, a final divorce generally revokes gifts and fiduciary appointments made to a former spouse in a will.
The law treats your former spouse as if they failed to survive you. Property that would have passed to your former spouse may pass to alternate beneficiaries named in your will.
The statute can also affect revocable trusts. In some situations, filing for divorce may revoke a spouse’s fiduciary powers in a revocable trust if the trust was revocable at the time of filing.
Other documents to review during divorce
Your will is only one part of your estate plan. You may also need to review:
- Power of attorney: Replace your spouse as financial agent.
- Advance medical directive: Choose someone else to make health decisions.
- Beneficiary designations: Review life insurance and retirement accounts.
Court orders in a divorce case may limit certain asset transfers or beneficiary changes. You should confirm what restrictions apply before making updates.
How legal options may help
Changing your will during divorce is generally allowed. Still, timing and strategy can affect property division and other legal issues.
You may benefit from speaking with a Virginia attorney who understands both estate planning and family law and divorce. Careful guidance can help you update your documents in a way that reflects your goals and complies with Virginia law.