How Does Divorce Affect My Estate Plan in North Carolina? - Pennsylvania
The Short Answer
In Pennsylvania, divorce (and in some situations even a pending divorce) can automatically cancel certain estate-plan benefits you left to a spouse—such as gifts in a will and many beneficiary designations—unless your documents clearly say they should survive the divorce. That said, not every asset or designation is covered, and mistakes can still result in an ex-spouse receiving money or control if your plan is not updated.
What Pennsylvania Law Says
Pennsylvania has “revocation-upon-divorce” rules that generally treat an ex-spouse as if they predeceased you for certain estate planning provisions. These rules can affect (1) what your will says, (2) certain revocable transfers that take effect at death, and (3) beneficiary designations on things like life insurance and retirement-type arrangements—unless there is clear evidence you intended the designation to continue after divorce (for example, the wording of the designation, a court order, or a written agreement).
The Statute
The primary law governing this issue is 20 Pa.C.S. § 2507.
This statute establishes that provisions in a will “in favor of or relating to” a spouse generally become ineffective after divorce (and in certain pending-divorce situations), unless the will shows the provision was intended to survive the divorce.
In addition, Pennsylvania law specifically addresses beneficiary designations after divorce. See 20 Pa.C.S. § 6111.2, which generally makes certain revocable beneficiary designations in favor of a spouse/former spouse ineffective after divorce (or in certain pending-divorce circumstances), unless an exception applies.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying them to your specific estate plan is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Pennsylvania’s rules can apply not only after a divorce decree, but also in certain cases while a divorce is pending (for example, if you die during divorce proceedings and specific legal conditions are met). See 20 Pa.C.S. § 2507 and 20 Pa.C.S. § 6111.2.
- Burden of Proof: Whether a designation “was intended to survive the divorce” can turn on document wording, court orders, or written agreements—issues that often require careful legal interpretation. See 20 Pa.C.S. § 6111.2.
- Exceptions: Some assets pass outside the will, and some designations may still be effective depending on the type of account/plan and whether you reaffirmed a former spouse as beneficiary after divorce. Getting this wrong can unintentionally disinherit children or other intended beneficiaries—or leave your ex-spouse in control.
If you’re separated, divorcing, or recently divorced, it’s smart to have a Pennsylvania probate/estate-planning attorney review your will, trusts, beneficiary designations, and powers of attorney as a coordinated plan.
You may also find helpful context here: Do I Still Have Inheritance Rights in Pennsylvania If We Separated but Never Divorced?
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.