Why You Should Update Your Estate Plan After a Divorce in Wisconsin

By Attorney Amanda N. Sacks & James R. Danaher, Wisconsin Estate Planning & Business Law Attorneys

Divorce changes more than relationships — it reshapes your entire financial world. Divorce is one of life’s major transitions—and while most people focus on dividing property or adjusting to new routines, one essential task often gets overlooked: updating your estate plan.

Schloemer Law Firm is the leading law firm in guiding Wisconsin businesses and individuals through life’s transitions — with sensitivity, strategy, and complete confidentiality.

If you’ve recently gone through a divorce in Wisconsin, now is the time to review andrevise your will, trusts, powers of attorney, and beneficiary designations.Without an update, your ex-spouse could still have legal control or financial benefits you no longer intend—and Wisconsin’s estate laws don’t automatically fix everything. Here’s why it’s so important—and how updating your plan protects your wishes and your loved ones:

Why You Should Update Your Estate Plan After a Divorce in Wisconsin

1. Your Former Spouse May Still Be Listed in Key Roles

Many people name their spouse as executor, trustee, or agent under a power of attorney. After a divorce, those roles may no longer reflect your wishes.

Under Wisconsin law, divorce can automatically revoke some appointments (such as gifts to a former spouse in your will or designation of a former spouse as your agent or executor), but it doesn’t cover everything. For instance, your ex might still be listed as:

• The beneficiary on your life insurance or retirement accounts
• Your agent for health care decisions if you haven’t updated your medical records
• A joint owner of certain assets

If you don’t update these documents, your former spouse could unintentionally remain in control of important financial or medical decisions or gain access toinformation.

You should immediately review and update:

• Durable Financial Power of Attorney – who can access your accounts or sign legal documents for you
• Health Care Power of Attorney – who can make medical decisions if you become incapacitated
• Living Will or Advance  Directive – your preferences for end-of-life care

In Wisconsin, your ex-spouse may still retain these powers unless you specifically revoke and replace them. Choosing a trusted family member, friend, or professional ensures your interests are protected.

2. Protect Your Children and Heirs

If you have children, an updated estate plan ensures that your assets are managed responsibly for their benefit. You can:

• Appoint a trusted individual as trustee or guardian instead of relying on your ex-spouse
• Create a trust for your children’s benefit, managed by someone you trust
• Specify when and how your children will receive their inheritance
• Name a guardian to care for minor children if something happens to you
• Define how assets should be distributed if you die or remarry

Without clear instructions, disputes can arise, and an ex-spouse or the court may endup deciding who manages your children’s inheritance.

3. Avoid Legal Gaps and Delays

Divorce often changes ownership of assets, and your old estate plan may reference property you no longer own. This can create confusion or even legal challenges for your executor or heirs.

By updating your documents now, you ensure that your plan accurately reflects your current financial situation and that your loved ones won’t face unnecessary delays or expenses later.

4. Update Beneficiary Designations

Many assets—like life insurance policies, IRAs, and 401(k)s—pass directly to named beneficiaries, outside of your will. In Wisconsin, divorce doesn’tautomatically change those designations. Out of date designations can cause delays or disputes after your death.

Review and update your beneficiaries to make sure your money goes where you intend it to—whether that’s your children, another family member, or a charitable cause.

5. A Fresh Start Deserves a Fresh Plan

A divorce marks a new chapter in your life. Updating your estate plan gives you control, peace of mind, and a plan that reflects your current priorities.

Working with an experienced Wisconsin estate planning attorney ensures your documents comply with state law and provide maximum protection for you and your loved ones.

When Should You Update Your Estate Plan After a Divorce?

Ideally, you should review your estate plan and have new documents ready to sign as soon as your divorce is finalized. But any major life event—such as remarriage, relocation, or a change in assets—also warrants a review.

A Wisconsin estate planning attorney can help you identify which documents need to be updated and ensure they comply with state law.

I’m in– how do I update my estate plan after a divorce?

If you’ve recently gone through a divorce—or if it’s been years since you reviewed your estate plan—now is the time.

Our process is simple, and our pricing is transparent. We believe estate planning should be straightforward, and our goal is to make the process as easy as possible for you. We offer free initial consultations, in person or by phone or zoom if you’d prefer. Call us at 262-334-3471, or visit our website for current information on estate planning and pricing information: https://www.schloemerlaw.com/estate-planning

Ready to Update Your Estate Plan?

Our team helps clients across Wisconsin simplify the process and create plans that truly fit their lives after major changes.

Contact us today at262-334-3471 to schedule a free initial estate planning consultation and make sure your estate plan works for your future, not your past.

If you have any questions, please do not hesitate to reach out to this article’s authors, Amanda N. Sacks & James R. Danaher, Wisconsin based business and estate planning attorneys, at amanda@schloemerlaw.com, james@schloemerlaw.com, or 262-334-3471. Our Wisconsin Estate Planning Attorneys are ready to help you start your next chapter today. At Schloemer Law Firm, we help clients across Milwaukee, West Bend, and Southeastern Wisconsin update their wills, trusts, and powers of attorney after major life changes.

Originally published: February 18, 2026

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Disclaimer: The information contained in this post is for general informational purposes only and is not legal advice. -Due to the rapidly changing nature of law, Schloemer Law Firm makes no warranty or guarantee concerning the accuracy or completeness of this content. You should consult with an attorney to review the current status of the law and how it applies to your unique circumstances before deciding to take—or refrain from taking—any action.  If you need legal guidance, please contact us at 262-334-3471 or info@schloemerlaw.com.