How Marriage and Divorce Affect Your Estate Plan in New York

Life rarely stands still. Marriage, divorce, and remarriage are some of the biggest transitions anyone can experience, emotionally, legally, and financially.

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In New York, these life changes have a direct impact on your estate plan, from who inherits your property to who can make medical or financial decisions for you.

At Anastasio Law Group, we see many families surprised by how quickly a well intentioned plan becomes outdated. Whether you’re starting a marriage, rebuilding after divorce, or entering a new chapter, here’s what you need to know to protect your legacy under New York law.

Marriage in New York: How It Changes Your Legal Rights

When you get married in New York, your spouse automatically gains certain rights, even if your estate plan says otherwise.

Key changes include:

• Spousal Inheritance Rights: Under New York’s “right of election,” your spouse can claim up to one-third of your estate, regardless of your will.
• Joint Ownership: Property titled jointly with your spouse passes directly to them, bypassing probate.
• Health and Financial Decisions: Unless you update your legal documents, your spouse often becomes the default decision-maker for healthcare or finances.

Marriage offers strong legal protection, but only if your documents reflect your current relationship.

Updating Your Estate Plan After Marriage

Many couples forget to revisit their plans after the wedding, a costly mistake.
If your will, trust, or beneficiary designations still name parents or siblings instead of your spouse, it can lead to confusion or even litigation.

To stay protected:

• Update your will or trust to include your spouse and clarify future inheritance plans.
• Review beneficiary designations on life insurance, retirement accounts, and bank accounts.
• Execute new powers of attorney and healthcare proxies naming your spouse (if appropriate).
• Review real-estate titles to confirm ownership is consistent with your wishes.

An updated plan prevents disputes and ensures your spouse receives exactly what you intend.

Divorce in New York: The Hidden Legal Impact

Divorce can completely reshape your estate plan, and in New York, certain laws automatically alter existing documents once a divorce is finalized.

For example:

• Ex-spouses are automatically removed as beneficiaries under wills, trusts, and life-insurance policies, but only if the divorce is complete.
• Jointly owned property may still pass to your former spouse unless retitled.
• Powers of attorney and healthcare proxies naming your ex remain valid until formally revoked.

That means if you’re separated or in the process of divorce, your ex may still have legal control over key decisions until updates are made.

What You Should Do After Divorce

Right after a divorce (or during separation), it’s critical to review your entire estate plan.

Here’s your post-divorce checklist:

• Draft a new will or trust that reflects your current wishes.
• Remove your former spouse from beneficiary designations and powers of attorney.
• Retitle jointly owned property to avoid unintended ownership transfers.
• Revisit guardianship decisions if you have children, ensure your choices still make sense.
• Update your emergency contacts for healthcare and financial institutions.

Failing to update these documents can cause confusion, delays, and even litigation among heirs.

Remarriage and Blended Families: Planning with Clarity

Remarriage brings joy and complexity. When families blend, estate planning becomes even more important.

If you have children from a prior marriage, your new spouse and your children may have conflicting legal rights under New York law. Without a clear plan, one group may unintentionally disinherit the other.

A trust can solve this.
By creating a marital or family trust, you can:

• Provide income for your new spouse during their lifetime.
• Ensure that the remaining assets pass to your children after your spouse’s death.
• Avoid unnecessary estate taxes and family disputes.

The goal isn’t to choose between loved ones, it’s to protect everyone fairly and transparently.

Real Estate and Marriage: Special Considerations in NY

New York property ownership adds another layer of complexity.
If you and your spouse buy property together, the title determines how it passes upon death.

Common options:

• Joint Tenancy with Right of Survivorship: Transfers automatically to the surviving spouse.
• Tenancy by the Entirety: Available only to married couples in New York, offers protection from individual creditors.
• Tenancy in Common: Each spouse owns a separate share, which can be left to someone else through a will or trust.

Choosing the right structure ensures your home passes smoothly and aligns with your tax strategy.

Protecting Children from Previous Relationships

If you have children from a prior marriage, your estate plan should clearly reflect how and when they inherit.
Without specific language, new spouses or stepchildren could unintentionally receive more (or less) than intended.

To protect all your loved ones:

• Use a revocable living trust to outline distributions over time.
• Name a trustee who will manage assets impartially.
• Communicate your intentions clearly with your family to avoid resentment later.

Love is powerful, but clear planning prevents misunderstandings.

Conclusion: Keep Your Plan as Current as Your Life

Your estate plan should grow with you through marriage, divorce, and every milestone in between.
By revisiting it after each major life event, you ensure that your wishes stay clear and your loved ones stay protected.

Whether you’re newly married, recently divorced, or starting a new chapter, Anastasio Law Group is here to help you build a plan that brings peace, clarity, and confidence. Schedule your free 15-minute consultation with Michael Anastasio to start your update today.