How Divorce Impacts Your Estate Plan in New York

Divorce doesn’t just affect your day-to-day life, it can also shake up your estate plan in significant ways. If you’re going through or finalizing a divorce in New York, it’s essential to understand how your assets, beneficiary designations, and legal documents are impacted. Let’s break it down.

Can You Disinherit a Spouse in New York?

In New York, you can’t completely disinherit your spouse. Even during a pending divorce, the law protects certain rights for both parties. For example: 

• Spousal Election: While the divorce is pending, your spouse retains their right to claim one-third of your estate or $50,000 (whichever is greater) under the Spousal Right of Election statute (EPTL 5-1.1(A)). 

• Beneficiary Restrictions: You cannot change beneficiary designations on life insurance policies, retirement accounts, or other financial assets until the divorce is finalized. 

  
  

Once the divorce is complete, these protections no longer apply, and many designations are automatically revoked.

What Happens to Wills and Beneficiary Designations?

New York law automatically revokes certain provisions for ex-spouses after a divorce: 

• Wills: Any provisions in your will that name your ex-spouse as a beneficiary or executor are voided unless explicitly stated otherwise. 

• Life Insurance & Retirement Accounts: Beneficiary designations for an ex-spouse are also revoked unless both parties agree to keep them intact. 

Important Note: While these automatic revocations exist, they don’t cover everything, like relatives of your ex-spouse who might still be listed as beneficiaries. Updating all estate planning documents post-divorce is critical to avoid unintended outcomes.

Can You Create a New Will During Divorce?

Yes! While you can’t move assets or change existing beneficiary designations during a pending divorce, you can create a new will. This allows you to plan for the future while ensuring your assets are distributed according to your current wishes. 

However, any disputes over the new will would be handled in Surrogate’s Court (not Family Court), so it’s important to work with an experienced attorney to ensure everything is legally sound.

What About Asset Transfers During Divorce? 

During a pending divorce: 

• Neither spouse can transfer or hide assets like retirement accounts (e.g., 401(k)s).

• Spouses cannot be removed from insurance policies. 

These restrictions protect both parties and ensure fair asset division.

Why Updating Your Estate Plan After Divorce Is Critical

Once your divorce is finalized, it’s time to revisit and update all aspects of your estate plan: 

• Update beneficiary designations on life insurance policies, retirement accounts, and financial assets. 

• Create a new will or trust that reflects your current wishes. 

• Remove any unintended beneficiaries (like relatives of your ex-spouse). 

Failing to make these updates could result in assets going to unintended parties or even tax complications for your heirs.

Take Control of Your Estate Plan Today!

Divorce is stressful enough, don’t let outdated estate planning documents add to the chaos. At Sammartino & Sultan Law Group, PLLC, we specialize in helping New Yorkers navigate estate planning during and after divorce. 

Contact us today to schedule a consultation with one of our experienced attorneys. Whether you need help creating a new will or updating beneficiary designations, we’ll guide you every step of the way to protect what matters most!

About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).