How to Update Your Illinois Wills and Trusts After Divorce
As adivorce lawyer in Schaumburg, I often remind clients that ending a marriage does not automatically end the financial and legal ties created during that marriage. One of the most overlooked but critical steps after a divorce is updating your estate plan. Divorce changes nearly every aspect of your financial life, from how your assets are titled to who inherits your property when you pass away. If your will, trust, or beneficiary designations still name your former spouse, your intentions may not align with Illinois law, and your heirs could face serious complications later.
The Illinois Marriage and Dissolution of Marriage Act and the Illinois Probate Act both contain provisions that affect how a divorce impacts your estate plan. However, these laws do not automatically fix every issue. A proactive review and update of your will and trusts is essential to protect your loved ones and ensure your wishes are honored.
Why Divorce Changes Your Estate Planning Needs
When a divorce is finalized, your former spouse’s legal rights to inherit or manage your estate often end. Under 755 ILCS 5/4-7(b) of the Illinois Probate Act, if you executed a will before your divorce that leaves property to your former spouse, that provision is revoked upon divorce unless you specifically reaffirm it after the fact. This means your ex-spouse is treated as if they predeceased you.
While that sounds straightforward, the problem arises when your will or trust does not clearly identify contingent beneficiaries or fails to address property jointly owned during the marriage. Additionally, not all documents are automatically revoked. Beneficiary designations on life insurance policies, retirement accounts, or payable-on-death accounts may still name your ex-spouse unless you update them directly.
Updating your estate plan after divorce ensures that your assets go to your intended heirs—children, parents, or new partners—rather than defaulting to outdated documents.
Updating Your Will After Divorce
After your divorce decree is finalized, the first step is to review your will. You’ll need to decide who will receive your property, who will serve as executor, and who will act as guardian for any minor children.
Under 750 ILCS 5/503(d), property divided in the divorce judgment is separate from estate property. However, if your will still references marital assets that have been divided, it could create confusion or litigation later. Creating a new will is often better than modifying an old one because it ensures every provision aligns with your current financial situation.
If you have children, you should also name a trusted guardian in your updated will. Divorce sometimes causes disputes about guardianship, especially if both parents remarry. By stating your wishes clearly, you help prevent future custody battles if something happens to you.
Revising Your Trust After Divorce
Trusts are an important part of many Illinois estate plans, particularly for families who wish to avoid probate or protect assets for children. If you have a revocable living trust, the assets remain under your control during your lifetime and can be amended after your divorce. However, if your ex-spouse was a co-trustee or beneficiary, you should immediately amend or restate the trust.
Illinois courts recognize that a trust is a separate legal instrument from a will, so the automatic revocation provisions in 755 ILCS 5/4-7 do not always apply. Without an update, your former spouse might still have access to trust assets or management rights.
When revising your trust, review successor trustees, named beneficiaries, and any joint property that was transferred during marriage. A qualified estate planning attorney can help retitle assets in your name alone, ensuring they are properly owned by the trust after divorce.
Updating Beneficiary Designations
Even with an updated will or trust, many assets transfer directly by beneficiary designation. This includes life insurance policies, 401(k)s, IRAs, pensions, and payable-on-death accounts. Illinois law generally does not revoke these designations automatically upon divorce. If your ex-spouse remains listed as a beneficiary, they could legally inherit those assets.
Review all beneficiary designations and update them with your new choices. If you have children, consider naming a trust for their benefit rather than listing them directly, especially if they are minors. This ensures the assets are managed responsibly until they reach adulthood.
Protecting Your Heirs After Divorce
After a divorce, protecting your heirs means more than changing names on paper. It involves ensuring that every part of your estate plan aligns with your current goals and complies with Illinois law.
If you share children with your ex-spouse, think about who will handle their inheritance if you pass away. You may wish to appoint a trusted relative or professional fiduciary rather than your ex-spouse. For blended families, your new spouse’s rights under Illinois intestacy laws (755 ILCS 5/2-1) must also be considered.
Regular reviews of your estate plan—especially after major life events, such as divorce, remarriage, or the birth of a child—will keep your intentions clear and ensure they remain legally enforceable.
Why Legal Guidance Is Essential
As an attorney, I’ve seen too many families face unnecessary disputes because estate documents were never updated after a divorce. While Illinois statutes provide some protection, they cannot substitute for personalized legal planning.
A properly drafted post-divorce estate plan ensures:
- Your property goes to your intended beneficiaries.
- Your children’s inheritance is protected.
- Your former spouse has no authority over your assets or decisions.
- Your estate avoids unnecessary litigation or probate delays.
Working with a divorce lawyer who understands both family and estate planning law provides peace of mind that your future is secure.
FAQs About Updating Wills And Trusts After Divorce In Illinois
Does My Divorce Automatically Void My Will In Illinois?
Under 755 ILCS 5/4-7(b), provisions benefiting a former spouse in a will are revoked once the divorce is finalized. However, other provisions—such as those naming alternate beneficiaries—remain valid. It’s still best to create a new will after your divorce so every section reflects your current intentions and property ownership.
Do I Need To Create A New Trust After Divorce?
If your ex-spouse was a trustee or beneficiary, you should amend or restate your trust immediately. The law does not automatically remove an ex-spouse from a trust the way it does for a will. Updating your trust helps ensure that only the individuals you choose benefit from your estate and manage your assets in the future.
Can My Ex-Spouse Still Inherit My Life Insurance Or Retirement Funds?
Yes, unless you update the beneficiary designations. Illinois law does not automatically remove an ex-spouse from life insurance or retirement accounts. Contact your insurance company or plan administrator to change your listed beneficiaries as soon as your divorce is finalized.
What Happens If I Don’t Update My Estate Plan After Divorce?
If you pass away with outdated documents, your ex-spouse may still be able to inherit assets or control parts of your estate, depending on the wording of your documents and how your accounts are titled. This can lead to costly legal disputes and unintended distributions that hurt your children’s inheritance.
How Can I Protect My Children’s Inheritance After Divorce?
You can establish a trust that names your children as beneficiaries and appoints a responsible trustee who is not your ex-spouse. This ensures your children’s inheritance is managed according to your wishes and not under the control of your former partner.
When Should I Update My Estate Plan After Divorce?
The best time is immediately after the divorce decree is entered. Waiting too long increases the risk of something happening before changes are made. I recommend reviewing all documents—wills, trusts, powers of attorney, and beneficiary designations—within 30 days of your divorce becoming final.
Protect Your Family’s Future With The Law Office Of Fedor Kozlov
As a divorce lawyer in Schaumburg, I help clients protect what matters most after their marriage ends. Updating your will and trust is not just a legal task, but a way to protect your children, honor your intentions, and prevent future disputes.
If you’ve recently gone through a divorce and have not updated your estate plan, now is the time to act. The Law Office of Fedor Kozlov represents clients in Schaumburg and throughout the Chicago area. Contact our Chicago divorce lawyer at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. Let’s make sure your heirs and assets are fully protected under Illinois law.
