Updating Your Estate Plan After Divorce In South Carolina
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Frequently Asked Questions
Does divorce automatically change my will in South Carolina?
Partially. Under SC Code § 62-2-507, divorce revokes provisions benefiting your former spouse in your will. But it does not affect beneficiary designations on life insurance, retirement accounts, or trusts. You should still update your will and all related documents.
What happens if my ex-spouse is still listed as my life insurance beneficiary?
If your ex-spouse is listed as beneficiary and you pass away, the proceeds go to them — regardless of what your will says. Update beneficiary designations immediately.
How soon after my divorce should I update my estate plan?
As soon as possible — ideally during or immediately after your divorce is finalized. Some updates, like revoking a power of attorney, should happen before the divorce is final if you’ve separated.
Divorce changes nearly every aspect of your life — your finances, your living situation, your daily routine. But one critical area that often gets overlooked in the aftermath of a divorce in South Carolina is your estate plan.
Individuals throughout Columbia, Lexington, Richland County, and the South Carolina Midlands often assume divorce automatically updates all estate planning documents, but that is rarely the case.
If you created a will, trust, power of attorney, or any other estate planning documents during your marriage, there’s a very good chance your former spouse is named throughout those documents. And while South Carolina law provides some automatic protections, they don’t cover everything.
Here’s what you need to know — and what you need to do — to make sure your estate planning in South Carolina still reflects your wishes after divorce.
What South Carolina Law Does (and Doesn’t) Do Automatically
Let’s start with the good news. Under SC Code § 62-2-507, when your divorce is finalized in South Carolina, any provisions in your will that benefit your former spouse are automatically revoked. This means:
What Happens Without a Plan?
Let’s start with the good news. Under SC Code § 62-2-507, when your divorce is finalized in South Carolina, any provisions in your will that benefit your former spouse are automatically revoked. This means:
- Bequests to your ex-spouse in your will are treated as if your ex-spouse predeceased you
- Your ex-spouse’s appointment as executor (personal representative) is also revoked
However — and this is critical — this automatic revocation has significant gaps:
- ❌ Beneficiary designations on life insurance policies, 401(k)s, IRAs, and other retirement accounts are not automatically changed
- ❌ Revocable trusts naming your ex-spouse as beneficiary or trustee are not automatically updated
- ❌ Powers of attorney naming your ex-spouse as your agent are not automatically revoked
- ❌ Healthcare directives naming your ex-spouse as your healthcare proxy are not automatically affected
- Key Takeaway: SC law only protects you with respect to your will. Everything else — beneficiary designations, trusts, powers of attorney, healthcare directives — requires manual updates by you.
Your Post-Divorce Estate Plan Checklist
Here’s a step-by-step list of every document and designation you should review and update after your divorce:
1. Update (or Create a New) Will
Even though SC Code § 62-2-507 revokes provisions benefiting your ex-spouse, you should still create a new will that:
- Names new beneficiaries for your assets
- Appoints a new personal representative (executor)
- Reflects your current asset situation (which likely changed during the divorce)
- Updates guardianship designations for your minor children, if applicable
If your existing will was created as part of a pair of “mirror wills” with your ex-spouse, a fresh start is almost always the better approach. Consider whether a will or trust — or a combination — best suits your post-divorce needs.
2. Change Your Beneficiary Designations Immediately
This is arguably the most urgent step. Contact the administrators for each of the following and update your beneficiary designations:
- Life insurance policies
- 401(k) and employer retirement plans
- IRAs and Roth IRAs
- Annuities
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) investment accounts
If your ex-spouse is still listed as a beneficiary on any of these accounts when you pass away, the proceeds will go to them — regardless of what your will says. Beneficiary designations override wills.
Important note: Your divorce settlement may require you to maintain your ex-spouse as a beneficiary on certain policies (for example, life insurance to secure alimony or child support). Make sure you understand your settlement terms before making changes.
3. Revoke and Replace Your Power of Attorney
If your ex-spouse is named as your agent in a financial or general power of attorney in South Carolina, you should revoke that document immediately and create a new one naming a trusted person.
This is something you may want to do before your divorce is even finalized, especially if you and your spouse are separated and no longer cooperating financially.
4. Update Your Healthcare Directive and Healthcare POA
If your ex-spouse is named as your healthcare proxy or is referenced in your living will, replace these documents. Name a new person you trust to make medical decisions on your behalf if you become incapacitated.
5. Review and Amend Your Trust
If you have a revocable living trust that names your ex-spouse as:
- A beneficiary
- A successor trustee
- A trust protector
You need to formally amend the trust to remove them and name replacements. Unlike a will, a trust is not automatically affected by divorce under South Carolina law.
6. Revisit Guardianship Designations
If you have minor children, your divorce may change how you think about guardianship. As a now-single parent, it’s even more important to have a clear designation in your will for who would raise your children if something happened to you. Learn more about naming a guardian for your minor children.
When Should You Make These Updates?
Immediately. Ideally, you should begin the estate plan update process during your divorce, not after. Some steps — like revoking a power of attorney — shouldn’t wait for the divorce to be finalized.
At minimum, prioritize these updates within the first 30 days after your divorce decree is entered. The longer you wait, the greater the risk that outdated documents could produce results you never intended.
Warner Law Can Help You Start Fresh
Divorce is a major life transition — and your estate plan needs to transition with you. At Warner Law, attorney Carrie Warner helps recently divorced individuals throughout Columbia, South Carolina and the Midlands region rebuild their estate plans from the ground up.
Whether you need a new will, updated beneficiary designations, a revoked power of attorney, or a complete estate plan overhaul, we’ll walk you through every step.
Ready to update your estate plan? Schedule a consultation with Warner Law today.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.