Thinking About Divorce? Don’t Forget Your Will

If you’re considering divorce, your estate plan probably isn’t the first thing on your mind—but it should be. In Illinois, having a will in place before you begin the divorce process can make a major difference in how your assets are handled, who makes decisions for you, and what happens if something unexpected occurs before the divorce is finalized.

Here’s why creating or updating your will before a divorce is one of the smartest legal moves you can make.

1. You’re Still Married—And That Matters

Until your divorce is final, Illinois law considers your spouse your next of kin. That means:

• Your spouse may still have the legal right to inherit your assets.

• They could also be the default decision-maker for medical or financial decisions if you become incapacitated.

• They may be in control of managing any inheritance left to your minor children.

If this isn’t what you want, you need to make your intentions clear in a legally binding will.

2. Divorce Doesn’t Automatically Change Your Existing Will

If you already have a will, it doesn’t automatically update when you file for divorce. Until the divorce is finalized, your spouse may still be:

• The named executor of your estate

• A beneficiary of your assets

• A guardian for your children (if applicable)

By updating your estate plan ahead of time, you remain in control of who gets what—and who doesn’t.

3. Protect Your Children and Your Future

Many divorcing parents are focused on custody and parenting agreements—but few stop to consider who would care for their children if something happened to them. A will allows you to:

• Name a guardian for your minor children

• Set up a trust to manage their inheritance

• Choose someone you trust to manage their financial well-being

Without a will, these decisions could be left to the courts.

4. Avoid Conflict Later

Divorces can already be emotionally and financially challenging. Adding probate or inheritance disputes on top of that only complicates things further. A clear, legally valid will can:

• Help prevent legal disputes between your soon-to-be ex and other family members

• Ensure your wishes are followed if you pass away during or shortly after the divorce

• Give you peace of mind during an otherwise stressful time

5. It’s Not Just About Death—Plan for Incapacity, Too

Estate planning isn’t just about what happens after you die. A proper plan includes:

• Power of attorney for healthcare

• Power of attorney for property/finances

• HIPAA authorizations

These legal tools let you choose someone other than your spouse to act on your behalf if you’re unable to make decisions yourself—something critical during a pending divorce.

What You Can Do Right Now

✅ Meet with an experienced Illinois estate planning attorney
✅ Create or update your will before you file for divorce
✅ Consider updating your powers of attorney and beneficiary designations
✅ Review your trust, if you have one

The best time to act is before the legal process begins. Once divorce papers are filed, you may be limited in what you can change without court approval.

Let’s Talk About Your Plan

If you’re considering divorce—or have already started the process—now is the time to review your estate plan. At [Your Law Firm Name], we help clients across Illinois take proactive steps to protect their future, their families, and their assets.

Don’t wait for the court to decide what happens. Let’s make sure your wishes are clear.

📞 Contact us today to schedule a confidential estate planning consultation.