Uncoupling

04/2026

Uncoupling. While this has become a common phrase for celebrities to use when referring to their divorces, it really does succinctly explain the process.  When you are married for a long period of time, most things are combined or coupled together – your bank accounts, your home, your investments and your retirement plans, to name a few. For those newly divorced (or uncoupled), once the legal process of the divorce is complete, it is essential that you consider updating your estate plan.

So, if you have recently uncoupled, what are 4 of the most important estate planning steps to take?

1. Update your beneficiaries! If you are the former spouse retaining the home, make sure it is transferred to you.  The last thing you want to do a year or more down the road is deal with titling issues for your home. So, even though the divorce decree may have awarded the home to you, make it official on the County records and avoid a hassle down the road. This goes for all of your assets. If under your divorce decree you do not have to retain your ex-spouse as a beneficiary of your assets, then take the time to actually remove them. For most accounts, this just makes things easier to pass assets on your death without your ex-spouse arguing that they are the beneficiary. But for 401k’s, if you don’t update the beneficiary then even if the divorce decree awards you the 401k, unless you remove your spouse as the beneficiary, they could still end up with it at your death under ERISA rules. But, don’t just remove your spouse as beneficiary on your assets, consider naming new beneficiaries as well.
2. Update your health care power of attorney.  Married couples don’t just share assets, they share most things, including helping each other. This usually spills over into helping make medical decisions. Although under Ohio law your ex-spouse is automatically removed as your health care agent, now you must name another. If you do not have a health care power of attorney in place, and become incapacitated, then someone must obtain a legal guardianship through the court in order to make medical decisions for you. To avoid this, the newly divorced should consider updating these health care directives right away.
3. Update your financial power of attorney.  Just like the health care power of attorney, your ex-spouse’s authority under your financial power of attorney is revoked when you divorce. And just like the health care power of attorney, you want to make sure the person you want is in charge of your finances when you need it!
4. Finally, the newly divorced should update their Wills. If you are married and don’t have a Will, your spouse will inherit some or all of your estate under Ohio law. If you are no longer married, then Ohio law decides where your assets go when you die, unless you have a valid Will (and/or beneficiary designations).

Uncoupling isn’t easy. But, once you have taken that step and find yourself newly single, make sure to take control to ensure your estate is in order and you are in control of who helps you when you need it and who inherits your hard-earned savings!