Updating Your Will Post-Divorce In Texas: Protecting Your Assets After A Split
Last updated on June 23, 2026
After a divorce in Texas, working with a San Antonio family and estate lawyer can help you review your will, beneficiary forms and trust before an outdated document creates a costly problem.
Our attorney at the Law Office of Jon R. Disrud helps people in San Antonio handle estate planning after divorce in Texas with more than 30 years of experience. We focus on what still needs to be changed after the final decree, including wills and beneficiary designations.
The Limits Of Texas Estates Code Section 123.001: What Divorce Actually Revokes
Texas Estates Code 123.001 automatic revocation may treat certain gifts and appointments to a former spouse as revoked after divorce. This may affect provisions in a will that leave property to an ex-spouse or name that person in certain fiduciary roles.
However, this law has limits. If your estate plan still names your former spouse, you should not rely on automatic revocation alone. Updating will after divorce in Texas is about making your documents clear, current and enforceable.
Why A Finalized Divorce Does Not Change Your 401(K), IRA Or Life Insurance Beneficiaries
One of the biggest post-divorce mistakes is assuming the divorce decree changes beneficiary designations. Retirement accounts, life insurance policies and workplace benefits may pass according to the beneficiary form on file.
Life insurance beneficiary disputes involving ERISA preemption may apply to employer-sponsored plans. If your ex-spouse remains listed, the plan administrator may rely on that designation.
Changing a beneficiary after divorce in Texas should be handled directly with each financial institution or plan provider.
Preventing An Ex-Spouse From Controlling A Minor Child’s Inheritance Via A Contingent Trust
If you leave assets directly to a minor child, someone must manage that money until the child reaches legal age. Without proper planning, your former spouse may seek control over the child’s inheritance.
Setting up a trust for a minor child after divorce can help you choose who manages the funds, how they are used and when your child receives them.
The Critical Interim Period: Why You Need An Estate Plan Update While Your Divorce Is Pending
You may be asking, “Can I change my will before divorce is final in Texas?” In many cases, you can update parts of your estate plan while the divorce is pending, but Bexar County’s standing orders on estate planning issues may affect what you can change.
This interim period matters because an outdated will, power of attorney or beneficiary designation may still create risk before the divorce is finalized.
Call Us Today
At the Law Office of Jon R. Disrud, we help you review your estate plan after major family changes. Dial 210-569-0581 or fill out our contact form for a free consultation.