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Life event

Divorce: what to review in your estate plan

Illinois law cancels some gifts and roles for a former spouse automatically, but not everything. Accounts with a named beneficiary, such as retirement plans and some insurance, may still pay a former spouse unless you change them. A final decree is the moment to start fresh.

Worth reviewing

  • A new will or trust that reflects your life now
  • New health care and financial agents
  • Beneficiary forms on every account and policy
  • Guardian choices for your children, and provisions for their inheritance
  • Title to your home and accounts

Documents to look at first

For this life event, these are the documents most often affected. Your own list depends on your family and what you have already signed.

  • Your will
  • Revocable living trust
  • Health care power of attorney and living will
  • Financial power of attorney
  • Beneficiary designations (retirement, insurance, bank accounts)
  • Guardian nominations for children
  • How your home and accounts are titled
  • Life and disability insurance

When to act

When the divorce is final.

Related life events

Not sure where your plan stands?

A consultation is the place to talk through what has changed and what to update first. Nothing is finalized until we have talked.

This page is general information about Illinois law and is not legal advice. It does not create an attorney-client relationship. See the Disclaimer. Last updated October 2026.