Picking up the Pieces After Divorce

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COMPLIMENTS OF STERLING & TUCKER, LLP
Picking up the Pieces After Divorce
By: The American Academy of Estate Planning Attorneys
www.aaepa.com  blog.aaepa.com
Consider all the planning a couple may do during the course of their lives: purchasing a home,
building a business, starting a family – the list is endless. However, no one plans for a break-up.
So what happens when there’s no longer a “happily ever after?” What will our finances, our
emotions and even our future look like on the other side of divorce?
Not only must we rethink our immediate future, but there are also long-term plans that must be
addressed. Specifically, our estate plans will need to be revised. The fact is, it’s difficult to look
past the pain that’s felt in the moment, and looking towards the future may suddenly feel foreign.
But taking a proactive step in reducing the risks and going through the process of making
important changes can help us feel more in control. Not to mention, there are many benefits that
come from knowing those legalities are addressed. Here are a few ways to move toward those
goals during a divorce from an estate planning perspective.
One of the most important changes you’ll make moving forward is changing the beneficiary
designation on your retirement plan. Don’t forget that you’ll need to change the beneficiary on
your actual retirement account, as many assume the only place these changes should be reflected
is on their estate planning documents. The beneficiary on the retirement account takes
precedence over anything you might have changed in your other legal documents.
Your powers of attorney–financial and medical–should be revised as well. Even if the divorce
was mutual, odds are, you’ll want to name someone else to make medical and financial decisions
on your behalf, should you become incapacitated. Your life insurance policy should also be
reviewed.
Just as you changed your other joint accounts, such as credit cards and bank accounts, any Trusts
you established as a married couple will need to be amended.
You likely have a HIPAA authorization form in place, as well. These important documents are
designed to protect your medical confidentiality while also preventing access to your information
by others with no authorization, such as a former spouse. You’ll want to be sure these forms are
also updated.
From a technological perspective, you should also change your PIN numbers associated with any
of your financial accounts and change passwords to your online accounts. This is really sound
advice regardless of the situation, but certainly if you’re going through a divorce.
© American Academy of Estate Planning Attorneys, Inc.
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COMPLIMENTS OF STERLING & TUCKER, LLP
Finally, remember that a bit of time spent with your estate planning attorney after a divorce can
go a long way in shoring up the path towards retirement, whether you remarry or opt to remain
single.
Divorce is overwhelming, frightening and sometimes exhausting. While those emotions will
subside over time, it is both important and empowering to take control over aspects of the future
you can make better in the meantime. A qualified estate planning attorney can help you reach
those goals.
About Our Law Firm
The Law Firm of Sterling & Tucker, LLP is devoted exclusively to estate planning. We are
members of the American Academy of Estate Planning Attorneys and offer guidance and advice
to our clients in every area of estate planning. We offer comprehensive and personalized estate
planning consultations. For more information or attend an upcoming seminar, please contact us
at (808) 531-5391 or visit us online at www.sterlingandtucker.com.
About the American Academy of Estate Planning Attorneys
This article is written by the American Academy of Estate Planning Attorneys. The Academy
regularly publishes articles on various estate planning topics as a free resource to consumers.
These articles are intended as an overview of basic estate planning topics and issues, and not
legal advice. We recommend that you consult with a qualified estate planning attorney to review
your goals.
The Academy is a national organization dedicated to promoting excellence in estate planning by
providing its exclusive membership of attorneys with up-to-date research on estate and tax
planning, educational materials, and other important resources to empower them to provide
superior estate planning services to families in their communities. The Academy expects
members to have at least 36 hours of legal education each year specifically in estate, tax, probate,
and/or elder law subjects. Since 1993, the Academy has been a highly-regarded and sought-after
resource for attorneys and consumers alike, and has been recognized by Consumer Reports,
Suze Orman in her book, 9 Steps to Financial Freedom and numerous times by Money
Magazine.
© American Academy of Estate Planning Attorneys, Inc.
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