A divorce in Georgia changes more than your household, because the estate planning documents you signed while married often name your spouse. Knowing which provisions end automatically and which still apply helps you protect your future.
Wills and trusts after divorce
Once the decree is final, state law reads your will as though your former spouse died before you, unless the document provides otherwise in anticipation of divorce. As a result, that person loses any gifts and the role of executor, while the rest of the document stays in place.
Your revocable living trust works differently, because the state has no comparable rule that automatically removes a former spouse. If that person is a beneficiary or trustee, the designation generally remains in effect unless the trust’s terms provide otherwise or you amend it.
Authority over finances and health
When either of you files for divorce, your spouse’s authority under a financial power of attorney ends unless the document states otherwise. This rule applies only if you signed yours on or after July 1, 2017. Under an advance directive for health care, that person generally remains your agent until the final decree unless you revoke the appointment sooner.
While the case is pending, your spouse may make your medical decisions if illness or injury leaves you unable to communicate. A bank that has not learned of the termination may still honor the financial power of attorney in good faith. You can reduce these risks by revoking both documents, naming new agents you trust and providing updated copies to your financial institutions and physicians.
Beneficiaries and inheritance for children
Divorce generally leaves life insurance and retirement beneficiary designations in place, so your former spouse may still receive those funds unless you update the forms. Any change must comply with court orders and the rules of your policy or plan. Because property division affects what you own, the gifts you intended for your children may no longer match your assets.
If a minor child inherits a significant amount outright, a court-appointed conservator typically manages the money until age 18. A trust permits you to name a trustee and postpone distribution until your child is older. A guardian you nominate in your will can serve only if no other parent is living.
Revisions during a pending case
You can usually sign a new will, power of attorney and advance directive for health care while the divorce is pending. Doing so does not itself transfer property. A revocable trust allows amendments under its terms, but modifying an irrevocable one may require court approval.