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Estate planning realities for separated spouses

| Dec 29, 2018 | Family Law |

If you and your spouse in Connecticut have chosen to separate, one of the things you should consider revising is your estate plan. Even if you are not sure whether or not you will divorce or when you might divorce, there are no doubt some decisions you would rather not leave to your estranged spouse. 

Forbes recommends that you carefully investigate what aspects of your estate plan you are legally able to update while separated but still legally married as some things can only be changed once you are divorced. Among the things that you may be able to change once you are separated are your durable power of attorney and medical advance directive. The former is the document that names another person as having the ability to manage your financial affairs on your behalf. The latter allows another person to make health care decisions on your behalf if you are unable to do so.

If you and your spouse have either a prenuptial agreement or a postnuptial agreement in place, you should review that carefully so that any other estate planning changes are in line with the provisions in that contract. This might influence your choice of who to name as the beneficiary on your life insurance policy, for example.

If you would like to learn more about how to effectively manage your estate plan during a separation and divorce as well as after a divorce, please feel free to visit the divorced person’s estate planning page of our Connecticut family law website.