Your divorce is final. The paperwork is signed, the assets are divided, and you’re ready to move forward with your life.

But there’s one critical step most people forget: updating your estate plan.

Here’s the uncomfortable truth—if you die tomorrow with your old documents in place, your ex-spouse might still inherit your retirement accounts. They might still be named as the person who makes medical decisions if you’re incapacitated. They might still control the trust meant to protect your children.

Michigan law provides some automatic protections after divorce, but those protections have significant gaps. For Metro Detroit families navigating life after a split, understanding what changes automatically—and what requires action—can mean the difference between your wishes being honored or your ex-spouse receiving assets you never intended them to have.

What Michigan Law Does Automatically (And What It Doesn’t)

Michigan’s Revocation-on-Divorce Statute

Michigan has your back—partially. Under MCL 700.2807, when your divorce becomes final, the law automatically:

• Revokes gifts to your former spouse in your will and revocable trust
• Removes your ex-spouse as executor, trustee, agent under power of attorney, or patient advocate
• Treats your former spouse (and certain relatives of theirs) as if they predeceased you for purposes of those documents

This means if you die without updating your will after divorce, your ex-spouse won’t automatically inherit under that document. The statute skips over them.

The Dangerous Gaps

Here’s where families get into trouble. Michigan’s automatic revocation does not cover:

ERISA-Governed Retirement Plans. Your 401(k), 403(b), and many employer-sponsored life insurance policies are governed by federal ERISA law—which overrides state law. If your ex-spouse is still named as beneficiary on these accounts, they will receive the money when you die, regardless of what Michigan law says.

This isn’t theoretical. Courts have repeatedly ruled that ERISA plan beneficiary designations control, even when the account holder clearly intended otherwise after divorce.

Irrevocable Trusts. If you created an irrevocable life insurance trust (ILIT) during your marriage naming your spouse as beneficiary, the automatic revocation statute typically doesn’t apply. Those trusts remain unchanged unless you take specific action.

The “Who Gets It Now?” Problem. Even where the statute works, it only removes your ex-spouse—it doesn’t name new beneficiaries. Your assets pass to whoever the document names next (residuary beneficiaries, contingent beneficiaries, or intestacy). That person may not be who you’d choose today.

“Many divorced Michigan residents assume the law ‘takes care of everything.’ It doesn’t. The revocation statute is a safety net with holes large enough for your entire retirement account to fall through.”

What You Must Update After Divorce

Your Will

Even though Michigan law revokes provisions favoring your ex-spouse, your will likely needs complete revision:

• Name new beneficiaries who reflect your current wishes
• Designate a new executor (personal representative)
• Update guardian nominations for minor children
• Revise trust provisions if your will creates testamentary trusts

Don’t assume the old document works just because your ex-spouse is automatically removed. The remaining provisions may not distribute assets the way you want.

Your Revocable Living Trust

If you have a revocable trust, the same principles apply:

• Remove your ex-spouse as beneficiary and trustee
• Name successor trustees you trust in your post-divorce life
• Review distribution provisions—especially if children from your marriage are involved
• Update any provisions that reference “my spouse” or assume you’re married

Beneficiary Designations—The Most Critical Updates

This is where most post-divorce estate planning failures occur.

Problem: A Wayne County man divorced his wife after 15 years of marriage. He updated his will to leave everything to his children. He never changed the beneficiary on his 401(k). When he died three years later, his ex-wife received his entire $400,000 retirement account—exactly as the beneficiary form specified.

Why it matters: His children received nothing from the 401(k) because ERISA required the plan to follow the beneficiary designation, not his will or Michigan’s revocation statute.

Michigan law context: MCL 700.2807 doesn’t override federal ERISA protections for retirement plan beneficiaries. The signed beneficiary form controls.

Solution: Update every beneficiary designation directly with each financial institution—retirement accounts, life insurance, annuities, bank accounts with POD designations, and brokerage accounts with TOD registrations.

Next step: Request current beneficiary forms from every account within 30 days of your divorce becoming final.

Powers of Attorney and Healthcare Directives

Michigan’s revocation statute removes your ex-spouse’s authority as your agent. But that leaves you without anyone designated to:

• Manage your finances if you’re incapacitated
• Make medical decisions if you can’t communicate
• Handle end-of-life care decisions

You need new documents naming someone you trust today—not just documents with your ex-spouse crossed out.

Special Considerations for Parents

Guardian Nominations

If both parents die, who raises your children? Your will nominates guardians for this worst-case scenario.

After divorce, this decision becomes more complex:

• If you die, the surviving parent (your ex-spouse) typically becomes the children’s guardian—that’s family law, not estate planning
• But if both parents die, your nominated guardian takes over
• Many divorced parents want to ensure their children go to trusted relatives, not their ex-spouse’s new partner or family

Review and update guardian nominations to reflect your current family dynamics and relationships.

Trusts for Children

Many married couples create trusts that benefit “my spouse, then my children.” After divorce, you probably want assets going directly to your children—or held in trust for them—without any benefit flowing through your former spouse.

Consider whether you need:

• New trust provisions with different distribution terms
• Separate trusts for children from different relationships
• Different trustees (perhaps not your ex-spouse’s family members)

Respecting Your Divorce Judgment

Before changing everything, review your divorce judgment carefully. Your decree may require you to:

• Maintain life insurance with your ex-spouse as beneficiary for child support or alimony security
• Keep certain retirement account designations in place per a Qualified Domestic Relations Order (QDRO)
• Preserve specific assets for your children’s benefit

Changing beneficiaries in violation of your divorce judgment can result in contempt of court and financial penalties. Coordinate with your divorce attorney before making changes that might conflict with court orders.

The Post-Divorce Update Process

Step 1: Inventory Everything

Gather your current documents:

• Will and any codicils
• Revocable and irrevocable trusts
• Durable financial power of attorney
• Patient advocate designation (healthcare POA)
• Beneficiary designations for all accounts
• Real estate deeds
• Business ownership documents

Step 2: Review Your Divorce Judgment

Identify any obligations affecting your estate plan:

• Required life insurance beneficiaries
• QDRO provisions
• Property settlement terms
• Ongoing support obligations

Step 3: Work with an Estate Planning Attorney

Draft new documents that:

• Reflect your current wishes and family situation
• Comply with your divorce judgment requirements
• Coordinate with beneficiary designations
• Name appropriate fiduciaries for your post-divorce life

Step 4: Update Every Beneficiary Designation

Contact each institution directly:

• Employer retirement plans (401(k), 403(b), pension)
• IRAs
• Life insurance policies
• Annuities
• Bank accounts with POD designations
• Brokerage accounts with TOD registrations

Get written confirmation that changes have been processed.

Step 5: Plan for Future Changes

Your life will continue evolving. Plan to revisit your estate documents:

• If you remarry
• If you have additional children
• If your financial situation changes significantly
• Every 3-5 years as a general review

What Updates Cost vs. What Failure Costs

Professional Update Costs

Post-divorce estate plan updates in Michigan typically involve:

• New will, trust amendments, POAs, and healthcare directives
• Beneficiary designation review and coordination
• Costs generally range from $2,500-$5,500 depending on complexity

The Cost of Doing Nothing

• Ex-spouse receiving retirement accounts worth hundreds of thousands
• Children disinherited from assets you intended for them
• Wrong person making medical decisions during a crisis
• Probate litigation over ambiguous or outdated documents ($20,000-$50,000+ in legal fees)
• Family conflict that outlasts the assets being fought over

The math is straightforward: a few thousand dollars now prevents catastrophic outcomes later.

Frequently Asked Questions About Post-Divorce Estate Planning

Do I need to update my estate plan before the divorce is final?

It depends. During divorce proceedings, Michigan courts often issue automatic restraining orders limiting what changes you can make. Coordinate with your divorce attorney about timing. Many people do preliminary planning during divorce and finalize updates immediately after the judgment.

How soon after divorce should I update my will and trust?

As soon as practical after the judgment is entered—ideally within 30-60 days. While Michigan’s revocation statute provides some protection, it doesn’t name your preferred new beneficiaries or fiduciaries. Every day you wait is a day your documents don’t reflect your actual wishes.

What happens if I don’t update beneficiary designations after divorce?

For ERISA-governed accounts (most employer retirement plans), your ex-spouse may still receive benefits if they’re named as beneficiary—regardless of your will or Michigan law. For non-ERISA assets, the revocation statute may apply, but outcomes can be contested and unpredictable. Don’t gamble with this.

Does divorce automatically revoke my Michigan will?

No—it revokes provisions favoring your ex-spouse and removes them from fiduciary roles, but the rest of your will remains in effect. The problem is that “the rest” may not reflect your current wishes, may have gaps where your ex-spouse was removed, or may name beneficiaries you’d no longer choose.

How does divorce impact powers of attorney and healthcare directives?

Michigan law generally revokes your ex-spouse’s authority as your agent or patient advocate. But that leaves you without anyone designated to make financial or medical decisions if you’re incapacitated. You must execute new documents naming trusted individuals.

Protect Your Post-Divorce Future

Divorce closes one chapter of your life. Don’t let outdated estate documents undermine the fresh start you’ve worked so hard to achieve.

At Boroja, Bernier & Associates, we help divorced Michigan residents update their estate plans to reflect their new reality. Our attorneys understand how Michigan’s revocation statutes work—and more importantly, where they don’t work—so we can ensure your assets go where you intend.

With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families throughout Macomb County, Oakland County, Wayne County, and across Michigan.

To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. Your divorce is final—make sure your estate plan catches up.