Divorce is one of life's most significant events and your estate plan or will should reflect that. Many people focus on dividing assets, settling custody arrangements, and navigating court proceedings, but updating a will often falls to the bottom of the to-do list. In Virginia, Maryland, and Washington, DC, that oversight can have serious consequences.

Don't Wait Until the Divorce Is Final

A common misconception is that you should wait until your divorce is finalized before making any changes to your estate plan. In reality, the right time to revisit your Will is as soon as you decide to separate Probate lawyer Maryland. 

Here's why timing matters in each jurisdiction:

In Virginia, under Va. Code § 64.2-412, it is important to know that if you die while your divorce is still pending, your spouse may still inherit under your existing will as if the divorce never happened. Virginia law only automatically revokes bequests to a former spouse after a divorce is final. If you pass away during the proceedings, your spouse could receive everything you intended to leave to your children or other loved ones.

Maryland follows a similar rule. Maryland's estate law does not automatically cut out a spouse during the divorce process.  It happens only after the divorce is legally complete. If your will names your spouse as sole beneficiary and you die before the ink dries on a final decree, those assets could go directly to them. Having and updated Will certainly will help your case. 

In Washington, DC, the same risk applies. DC Code § 18-109 only revokes provisions in favor of a divorced former spouse after the marriage is legally dissolved. During the pendency of divorce, your existing will remains fully operative. It's good to check with an attorney the current laws and your unique situation. 

Key Times to Act

There are several critical moments during divorce when you should consult your attorney about updating your Will.  Here are a few:

The moment you decide to separate is the first. Even before filing, separating your estate plan from your marital expectations protects your wishes. Once a separation agreement is in place is another. If you've negotiated terms, your estate plan should mirror your new financial reality. When minor children are involved, if custody arrangements are being settled, you'll want to designate a guardian in your Will who reflects your current wishes — not assumptions made years ago.

What You Can and Cannot Change

Note that while you can update your will at any time, certain assets such as retirement accounts and life insurance policies pass by beneficiary designation, not through your Will. These should also be reviewed promptly.

Protect Your Legacy Now

Divorce is complicated enough. At the Law Office of Brian Gormley, we help clients in Virginia, Maryland, and Washington, DC protect their families and their futures by helping them create a Will or trust at every stage of the process. Contact us today to schedule a consultation and ensure your estate plan reflects your current wishes.