Can I Change My Will Before My Gray Divorce Is Finalized?

 Posted on March 11, 2025 in Divorce

Divorcing later in life, often called a gray divorce, can be emotionally and financially overwhelming. While you may be focused on dividing assets and adjusting to a new future, updating your estate plan is also crucial. If something were to happen to you before your divorce is finalized, your current will may still benefit your soon-to-be ex-spouse. The good news is that in Illinois, you can change your will at any time, but there are important legal factors to consider. An experienced Illinois gray divorce lawyer can help you take the right steps to protect your assets.

Does Divorce Automatically Change My Will?

In Illinois, a divorce does not automatically revoke your will. However, under the Illinois Probate Act, if your spouse is a beneficiary or executor in your will, those provisions are revoked once the divorce is finalized. This means:

• Your ex-spouse will not inherit anything from your will

• An alternate executor (if listed) will take over

• Any gifts or powers granted to your ex-spouse in the will are void

Your existing will remains valid until your divorce is granted. If you pass away before the divorce is completed, your spouse may still inherit things according to your current will.

Can I Update My Will During the Divorce Process?

You can update your will at any time, including during your divorce. Some choose to revise their wills immediately after filing for divorce to prevent their spouses from inheriting assets if something happens before the divorce is finalized. Common changes include:

• Removing your spouse as a beneficiary

• Naming a new executor or trustee

• Updating guardianship designations for minor children

• Adjusting how assets are distributed to heirs

Are There Any Restrictions on How I Can Change My Will Before Divorce?

In most cases, you are free to update your will before your divorce is finalized. However, there may be some restrictions, especially if there are court orders in place regarding property distribution. Another detail to note is that you cannot completely disinherit your spouse while you are still legally married.

Illinois law also states that a surviving spouse is entitled to a portion of the deceased spouse’s estate, known as the spousal elective share. If you pass away before the divorce is finalized, your spouse may still claim a third of your estate if you have surviving children or half of your estate if you do not have surviving children. This means that even if you remove your spouse from your will before the divorce is final, they may still be entitled to a portion of your estate.

What Other Estate Planning Documents Should I Update?

Your will is just one part of your estate plan. If you are going through a gray divorce, you should also review and update your powers of attorney, beneficiary designations, and trusts. Failure to update these documents could result in unintended consequences, such as your ex-spouse having control over your medical decisions or inheriting assets outside of your will.

Contact a Kane County, IL Gray Divorce Attorney

If you are going through a gray divorce, it is wise to review and update your estate plan as soon as possible. A Geneva, IL gray divorce lawyer can guide you through the proper steps that help ensure your will reflects your post-separation circumstances. Contact Divorce Over 50 - Goostree Law Group at 630-634-5050 to discuss how a divorce can impact your estate planning documents.