Divorce marks a significant shift in your personal and legal affairs, including your estate plan. In New Jersey, some parts of your estate plan may change automatically once a divorce is finalized, while others require direct action. Understanding which provisions are revoked by law and which must be manually updated is essential to avoid unintended outcomes.
What the law automatically changes
New Jersey law includes automatic revocation provisions designed to prevent ex-spouses from inheriting assets under outdated estate plans. According to New Jersey Revised Statutes, Section 3B 3-14, any revocable transfers or appointments in a will or similar document, such as naming an ex-spouse as a beneficiary or executor, are treated as though the former spouse predeceased you. This legal safeguard applies only to revocable documents and only once the divorce is final.
What still needs your attention
While automatic revocation covers many testamentary provisions, several key areas do not update on their own. This includes your life insurance and retirement accounts. Designations on life insurance, 401(k)s, IRAs and other pay-on-death accounts typically remain in effect unless changed manually.
Powers of Attorney and Health Care Proxies remain valid unless you revoke or revise them. This means your ex could still make financial or medical decisions on your behalf, if they were named previously.
Trusts and Non-Will Instruments also remain the same. If you created revocable or irrevocable trusts that name your ex as a beneficiary or trustee, you will need to revise those manually. Automatic revocation does not apply in many of these cases.
Reviewing and updating your plan
It is essential to reassess your full estate plan once a divorce is finalized. While some protections are built into New Jersey law, most updates depend on your action. Indeed, it is important to update your plan after any major life change to ensure your current wishes are followed.
New Jersey’s automatic revocation laws offer a layer of protection following divorce, but they do not cover everything. To fully align your estate plan with your new circumstances, you will need to review and revise beneficiary designations, powers of attorney, healthcare directives and any trusts. Taking these proactive steps ensures your estate reflects your updated wishes and protects your loved ones.