Divorce, Women and Estate Planning in Georgia: Protecting Your Assets During a Time of Change
Divorce is never easy. It’s emotionally draining, often overwhelming, and packed with complex decisions—especially when it comes to your finances and future. For women in Georgia, estate planning during or after a divorce isn’t just smart—it’s essential. Whether you’re in the middle of a separation or starting a new chapter post-divorce, now is the time to take control of your financial life and protect what’s yours.
Why Estate Planning Matters During Divorce (Maybe THE Most Important Time To Do It)
Let’s start with the basics: estate planning in Georgia isn’t just about writing a will or deciding who gets what when you’re gone. It’s about protecting your assets, your loved ones, and your wishes—right now and in the future. It is a plan. A plan for what happens.
When you’re going through a divorce, the rules of your financial life are being rewritten. The plan, whether or not you called it this or thought of it as this, is being rewritten.
In Georgia, if your estate plan was created while you were married, chances are it gives your (soon-to-be-ex) spouse a lot of power: as beneficiary, executor, trustee, or even medical decision-maker. If that doesn’t sit well with you anymore, it’s time for an update.
Key Steps Women in Georgia Should Take
- Update Your Will (Or Create One!)
In Georgia, divorce doesn’t automatically revoke a will. So when the divorce begins, the will you created is still in place. When the divorce is final, the will isn’t revoked. Rather, if your now ex-spouse is named in the will to receive your assets (beneficiary) they are considered to be predeceased and cannot receive. This is true, also, if they are named as Executor (the person in charge of the estate). But … why create confusion.
Make sure your will reflects your new wishes, including guardianship choices if you have children.
- Revise Power of Attorney and Healthcare Directives
In Georgia, a financial power of attorney is typically referred to as a Durable Power of Attorney. A healthcare directive is typically referred to as an Advance Directive for Health Care.
Both these documents name who you want to make decisions for you, sometimes even if you are capable of making your own, but definitely in the event you cannot.
Who has the legal right to make financial or medical decisions for you if you’re unable to do so? If it’s still your ex, and you’re no longer comfortable with that, it’s time to revoke those documents and assign someone you trust. These decisions are deeply personal, so choose someone who truly has your back.
In Georgia, a divorce (whether it is just beginning or final) does not revoke powers of attorney for finance and health.
- Review Beneficiaries on Retirement Accounts and Insurance Policies
One of the most overlooked steps during divorce is updating beneficiaries on 401(k)s, IRAs, life insurance, and bank accounts. These designations override your will—so even if your will says your sister gets your life insurance payout, if your ex is still listed as the beneficiary, they get the money.
In Georgia, you must update these forms directly with each financial institution.
- Consider a Trust
If you’re concerned about protecting assets for your children, shielding property from future creditors, or keeping your estate private, setting up a revocable living trust might be a great option. Trusts allow you to control when and how your assets are distributed—and they can offer peace of mind during a time of transition. This is especially true in Georgia if you have children under the age of 18 or have a child who has special needs.
- Plan for Minor Children
If you share custody of children, your estate plan should reflect that. Think about:
- Who would care for your children if something happened to you?
- Who would manage their inheritance until they’re adults?
In Georgia, you can appoint a guardian and trustee in your estate plan—two roles that don’t have to be the same person.
Divorce is a big life change, and it’s okay to ask for help. Work with a Georgia-based estate planning attorney who understands both state law and the emotional weight of this transition. They can help you:
- Understand how divorce affects existing documents
- Identify assets you might overlook (like digital accounts or intellectual property)
- Create a personalized plan that reflects your new life and values
Always, always be mindful of what you can and cannot do while you are in the process of a divorce. There may be temporary prohibitions on making changes to your beneficiaries and planning. Talk with your divorce attorney to understand what you can and cannot change.
Nothing, however, stops you from putting something in place for powers of attorney and preparing a trust to receive assets once the divorce is final.
If you have questions regarding your current estate planning and are going through a divorce or are already divorced, give us a call and we can talk to you about your plans.