What Happens to Your Estate Plan After Divorce in Nebraska?

Divorce doesn’t automatically update your estate plan. Even when your decree is final, your former spouse may still be named in key legal documents—your will, trust, life insurance, or retirement accounts. If you don’t make those updates yourself, Nebraska courts and financial institutions must generally follow the paperwork on file, not your current intent. According to the Nebraska Probate Code (Neb. Rev. Stat. § 30-2333), divorce revokes certain will provisions in favor of an ex-spouse—but that rule doesn’t extend to non-probate transfers like life insurance or 401(k) plans. Those must be changed directly with the provider. The U.S. Supreme Court case Egelhoff v. Egelhoff confirmed that ERISA-governed plans pay the named beneficiary, even if state law says otherwise. In short, finalize your divorce—but then treat your estate plan as if you’re starting fresh. Your future depends on it.

Which Estate Planning Documents Should You Update After Divorce?

After a divorce, review and update the following documents with your estate planning attorney:

• Last Will and Testament: Remove your former spouse as executor or beneficiary. Nebraska law revokes those provisions automatically, but it’s best to sign a new will or codicil.

• Revocable Living Trust: If your ex is named as trustee or beneficiary, amend the trust and retitle assets accordingly.

• Powers of Attorney (Medical & Financial): Replace your ex with a trusted relative or friend.

• Beneficiary Designations: Update retirement accounts, pensions, and life insurance directly with each company. These forms override what your will says.

• Real Estate Titles: If you previously owned property jointly, retitle it to reflect sole ownership or tenancy in common.

• Digital and Personal Assets: Update who has access to your accounts, passwords, and final instructions.

You can revoke or re-execute estate documents at any time after your divorce, as long as you have capacity and proper formalities. Coordinate updates with your divorce attorney to ensure nothing conflicts with your decree.

Can an Ex-Spouse Still Inherit After Divorce?

Unfortunately, yes—if you don’t update your beneficiary forms. Nebraska law revokes gifts to ex-spouses in wills under Neb. Rev. Stat. § 30-2333, but not on life insurance or retirement accounts governed by contract or federal law.

If you never change a 401(k) or insurance beneficiary, the plan will still pay your ex—even if your will says otherwise. That mismatch has led to years of litigation for surviving family members. Avoid that by treating beneficiary forms as part of your estate plan, not separate from it.

How Often Should You Review Your Estate Plan?

Most estate planners recommend reviewing your plan every three to five years or whenever a major life event occurs—divorce, remarriage, new child, death of a family member, or relocation. Life changes fast; your documents should keep pace.

What’s the Best Way to Protect Your Legacy After Divorce?

The best approach is to work with both a family law attorney and an estate planning attorney in Nebraska. Together, they’ll ensure your divorce decree, property division, and estate documents align.

To protect your legacy:

• Complete a checklist of all accounts with beneficiary designations.

• Use a secure vault or folder for your updated estate documents.

• Name alternate fiduciaries (executor, trustee, or POA) in case your first choice can’t serve.

• Include clear revocation language in new documents (“I revoke all prior wills and codicils executed before my divorce from ___”).

• Confirm that your will, trust, and beneficiary forms all match.

Treat the months after your divorce as a reset period—a chance to protect your assets and honor your current relationships.

Frequently Asked Questions

Does Nebraska law automatically revoke my ex-spouse from my will after divorce?

Yes—but only for the provisions in the will itself that favor your ex-spouse (executor, trustee, or beneficiary) under Neb. Rev. Stat. § 30-2333 and § 30-2353.

What about life insurance or retirement plan beneficiary designations?

No—those are governed by contract or federal law. You must file a new beneficiary form with your plan administrator or insurer to prevent your ex from receiving those assets. This is especially true for ERISA-governed plans, like most 401(k)s.

Can I still name my ex-spouse as guardian for our children?

Yes. Divorce doesn’t automatically remove your ability to nominate an ex-spouse as guardian of your children. If that’s your intent, include clear language in your updated will or trust. If not, revise it.

What if I die before updating my documents?

Your existing documents will control. If your will or beneficiary forms still list your ex, those assets may go to someone you didn’t intend. Family disputes or litigation often follow.

Should I wait until the divorce is final before updating my estate plan?

Yes—wait until the decree is entered so property titles and account ownership are settled. Then update your estate plan right away to ensure everything matches.

The Bottom Line

Divorce ends your marriage but not your ex’s name on your legal documents. Review your will, trust, powers of attorney, and beneficiary designations immediately after divorce to prevent accidental inheritances and future disputes.

If you’re in Nebraska and need to update your estate plan after divorce, contact Zachary W. Anderson Law today to schedule a consultation.