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

UPDATED: Aug 3, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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