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Marriage, Divorce and Estate Planning

BY Frank J. Gobes
March 27, 2007

Trusts and estates law is replete with special rules, or exceptions to the general rules, designed to recognize and protect the financial side of the marriage partnership. What happens, however, when husbands or wives decide that they no longer wish to be married? Once the decision is made to end the marriage, one spouse usually wishes to minimize any benefits that the other spouse could obtain from the estate.

Estate Plan Changes

Changes to the estate plan should be made by a qualified estates attorney, acting in concert with a qualified matrimonial attorney, as soon as a decision is made to end the marriage. Inaction could leave the spouse to the vagary of default legislation that is not well-designed to handle the period of time from 'I definitely want a divorce' up to the date of the final divorce decree. In fact, as discussed below, without proper planning, there are situations where estate assets can be taken by the ex-spouse years after a final divorce decree has been entered.

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