Divorce Mistakes: Why Your Ex-Spouse Could Still Inherit Your Retirement Account

Estate Planning After Divorce: Beneficiary Mistakes to Avoid

Introduction

Estate planning after divorce is one of the most important financial tasks many people overlook. While many assume a divorce automatically removes an ex-spouse from retirement accounts, life insurance policies and estate planning documents, that is often not the case.

What the Episode Covers

Many people assume a divorce automatically removes an ex-spouse from retirement accounts, life insurance policies and estate plans. That’s often not the case.

In this episode, elder law attorney and estate planning expert Harry Margolis joins Bob Powell to explain why beneficiary designations, trusts, health care proxies, powers of attorney and retirement accounts should be reviewed immediately after a divorce.

The discussion highlights how outdated estate planning documents can result in assets passing to unintended beneficiaries and explains the importance of reviewing every aspect of an estate plan following a major life event.

What This Means for You

Divorce does not automatically remove an ex-spouse as a beneficiary.

Beneficiary designations may override the instructions in your will.

Retirement accounts often require a Qualified Domestic Relations Order (QDRO) during the divorce process.

Health care proxies, powers of attorney and trusts should be reviewed and updated.

Regularly updating estate planning documents can help ensure your assets are distributed according to your wishes.

Why Your Ex-Spouse May Still Inherit Assets

Many financial accounts pass directly to the named beneficiary, regardless of what your will says.

If beneficiary forms are not updated after a divorce, an ex-spouse may still inherit retirement accounts, life insurance proceeds or other assets.

Reviewing these designations promptly is an important part of post-divorce financial planning.

How Beneficiary Designations Override Your Will

One of the most common misconceptions is that a will controls every asset.

In many cases, retirement accounts, life insurance policies and other accounts with named beneficiaries pass outside of probate.

That means beneficiary designations generally take precedence over instructions contained in a will.

What a QDRO Is and Why It Matters

The episode also explains the role of a Qualified Domestic Relations Order (QDRO).

A QDRO is often necessary to divide certain employer-sponsored retirement plans during a divorce while preserving the tax treatment of those assets.

Understanding when a QDRO is required can help avoid costly mistakes during the divorce process.

Estate Planning Documents to Review After Divorce

Following a divorce, several estate planning documents should be reviewed, including:

Beneficiary designations

Wills

Trusts

Health care proxies

Powers of attorney

Retirement account documentation

Keeping these documents current helps ensure your estate plan reflects your new circumstances.

Avoiding Costly Divorce Planning Mistakes

The episode concludes by discussing common mistakes that can create unnecessary legal and financial complications after a divorce.

Whether you are recently divorced, considering divorce or helping a family member organize their affairs, reviewing your estate plan can help ensure your assets are distributed according to your intentions.