Is it better to adjust Wills and Powers of Attorney before or after the divorce?

We are in the process of filing a friendly divorce.

Asked on August 3, 2015 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A power of attorney should be done before the divorce: marital status has no bearing on a power of attorney.

It is probably *slightly* better to do a will after the divorce, since extra care must be taken to disinherit a spouse; also, some property which might otherwise be mentioned specifically in the will (e.g. a house, a car, artwork or jewlery, etc.) might be taken care of in the divorce. That's not to say you can't do the will pre-divorce, just it's a little simpler and cleaner post-divorce.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.