Divorce brings significant changes—both emotionally and legally. One of the most important yet overlooked tasks after a divorce is updating your estate plan. If you don’t make the necessary changes, your ex-spouse could still be named in your will, receive assets, or even make medical or financial decisions on your behalf. In Colorado, these oversights can create confusion, disputes, or unintended consequences.

A qualified Colorado estate planning lawyer can help you revise your documents to reflect your new circumstances, protect your assets, and ensure your wishes are clearly stated. Here’s what you need to know.

Why Divorce Impacts Your Estate Plan

During marriage, many estate planning documents are drafted with your spouse in mind. You may have named them as your:

Primary beneficiary

Power of attorney

Personal representative (executor)

Trustee

Guardian of your children

After a divorce, these designations often no longer make sense. If you don’t update your plan, the law might partially revoke certain appointments, but not all. That can leave gaps or confusion in the event of your death or incapacity.

Colorado does have laws that automatically revoke ex-spouses from some estate-related roles. However, these laws don’t update your documents for you. You still need to revise each one to reflect your current wishes.

Step 1: Review Your Will and Trusts

Start by reading your will and any trusts you created during your marriage. Ask yourself:

Is your ex-spouse still listed as a beneficiary?

Are they named as the executor or trustee?

Does the distribution of your assets still reflect your goals?

Under Colorado law (C.R.S. § 15-11-804), provisions in a will or revocable trust that name a former spouse as a beneficiary or fiduciary are automatically revoked upon divorce. However, that doesn't mean your documents are complete or accurate after the change. You should revise the documents entirely rather than rely on automatic revocation.

If you had a joint trust, speak with a Colorado estate planning lawyer about how to divide or terminate it. You may need to transfer assets out and create a new, individual trust.

Step 2: Update Beneficiary Designations

Some of your most valuable assets—like life insurance policies, retirement accounts, and payable-on-death (POD) accounts—are distributed outside your will. These accounts are controlled by beneficiary designations, not your estate plan.

After a divorce, you must:

Remove your ex-spouse as the primary beneficiary

Name a new primary and contingent beneficiary

Submit the changes to the account custodian or insurance company

Failure to update these can result in your ex receiving funds even if your estate plan says otherwise. Unlike wills, some beneficiary designations may not be automatically revoked by Colorado law, especially on employer-provided retirement accounts covered by federal ERISA laws.

Step 3: Change Powers of Attorney

Many married individuals name their spouse as their financial and medical power of attorney—the person authorized to make decisions if they become incapacitated. If you get sick or injured, you probably don’t want your ex making these choices.

You’ll need to:

Revoke your old power of attorney documents in writing

Draft new financial and healthcare powers of attorney

Choose someone you trust, like a relative, adult child, or close friend

Make sure your medical providers and financial institutions have copies of the new documents. Your attorney can help ensure your revocation is clear and legally binding.

Step 4: Reassess Your Guardianship Preferences

If you have minor children, your estate plan likely names a guardian in case both you and the other parent pass away. After divorce, this may still be appropriate—or you may want to revise your choice if family relationships have shifted.

Keep in mind:

Your ex will generally have priority as the legal guardian if you pass away

A guardian named in your will only takes over if both parents are unavailable

You can name alternate guardians for your children if needed

Your Colorado estate planning lawyer can help you coordinate your estate plan with your custody orders to avoid conflicts or uncertainty.

Step 5: Rebuild Your Financial Picture

Divorce often changes your financial situation. You may have new assets, debts, or income streams, and your long-term goals may look different. Estate planning isn’t just about legal documents—it’s also about protecting and distributing what you own.

After divorce, reassess:

What assets you now own individually

How you want to divide those assets if you pass away

Whether you want to create a trust for your children or future beneficiaries

Whether you need life insurance to support children or meet divorce settlement terms

A lawyer can help you create a new plan that reflects your current reality and ensures your estate doesn’t end up in conflict or probate confusion.

Step 6: Protect Your Privacy and Legacy

If your ex was closely involved in your estate planning before, they may know personal details about your finances, children’s inheritances, or healthcare wishes. Consider creating new documents to preserve your privacy and future security.

You may also want to consider setting up a revocable living trust to avoid probate, especially if your estate includes real estate, business interests, or private matters you prefer to keep out of the public record.

Step 7: Work with a Colorado Estate Planning Lawyer

Updating your estate plan after divorce isn’t just about crossing out names or switching beneficiaries. It’s a full review of your legal and financial picture—one that should be handled carefully.

A qualified Colorado estate planning lawyer can:

Review your current documents for post-divorce risks

Draft new documents that reflect your wishes

Help you coordinate beneficiary designations and financial planning

Ensure your updates are legally enforceable under Colorado law

Divorce is a major life event, and your estate plan needs to evolve with it. Working with a local attorney ensures your documents comply with state laws and that your legacy is protected no matter what life brings next.

Final Thoughts

After a divorce, your estate plan should be one of your top priorities. The choices you made when you were married may no longer make sense—and failing to update your plan can have lasting consequences for your children, assets, and healthcare decisions.

If you’ve recently divorced or are in the process, talk to a Colorado estate planning lawyer as soon as possible. Proactive updates now can save your loved ones from legal challenges, delays, or disputes later.