He died two years after the divorce. Suddenly. Heart attack at fifty-four.

Nobody had updated the beneficiary designation on his life insurance policy. His ex-wife was still named. She collected the entire death benefit. His children from the marriage got nothing from that policy.

His adult daughter sat in my office in tears. “How is that even legal?”

It is legal. It happens. And I tell this story to every divorcing client who will listen, because it is preventable.

The divorce is final. You have a decree. You feel like the legal part is done. For family law purposes, it mostly is. But there is a category of legal business that most people do not think about until something goes wrong, and by then it is too late to fix it.

Your estate plan.

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What Happens to Your Will After Divorce

Tennessee law does revoke certain provisions in a will upon divorce. T.C.A. § 32-1-202 provides that after a divorce, provisions in a will in favor of a former spouse are generally revoked by operation of law, as if the former spouse had predeceased.

That sounds protective. In many cases it is. But it is not a complete solution, and it is not a substitute for actually updating your documents.

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What the Statute Does Not Fix

Beneficiary designations on life insurance policies, retirement accounts, IRAs, and 401(k) plans are not governed by your will. They are governed by the beneficiary designation forms you filed with the insurance company or plan administrator.

Tennessee’s revocation-on-divorce statute does not automatically update those designations. If your ex-spouse is still the named beneficiary on your life insurance policy, and you die, there is a real possibility they receive that money. The will does not control it.

(I, Bill Jones, say “real possibility” because there is significant litigation nationally over exactly this issue. Courts have gone different directions. Do not let your estate become a test case.)

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What You Should Actually Do

After your divorce is final, update your will and any trusts. Change your beneficiary designations on all financial accounts and insurance policies. Update your powers of attorney and healthcare directives. Your ex-spouse should not remain your agent for financial or medical decisions.

If you have minor children, make sure your will addresses who cares for them and how assets pass to them. Your parenting plan governs custody while both parents are alive. It does not govern what happens if you die.

Lawyer Bill’s Advice

A divorce decree is not an estate plan.

It handles your marriage. It does not handle your death.

The thirty days after your divorce is final is the best time to update your documents.

Do not wait until there is a reason to wish you had.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2026. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.

More on this: After the Divorce, from The Mid-South Divorce Guide, a complimentary guide to divorce in Tennessee and Mississippi.