How Marriage, Divorce, or Remarriage Impacts Your Estate Plan

Life changes—like getting married, going through a divorce, or remarrying—can significantly impact your estate plan. If you are entering a new phase in your personal life, it’s essential to revisit your estate documents to ensure they still reflect your wishes and protect your loved ones.

At Kevin L. Miller, PC, we help individuals and families across Oklahoma City navigate these transitions with clarity and confidence.

transitions with clarity and confidence. 

Why Estate Planning Is Crucial During Life Transitions

Marriage, divorce, and remarriage often come with blended families, changes in property ownership, and evolving financial goals. Without updating your estate plan, your assets may not go to the people you intend—or worse, your estate could get tied up in lengthy probate proceedings.

Failing to adjust your documents can create legal disputes, disinherit loved ones, or unintentionally benefit a former spouse. Oklahoma’s probate and inheritance laws may step in and override outdated documents, causing additional stress and financial strain for your family.

How Marriage Affects Your Estate Plan

When you marry in Oklahoma, your spouse may automatically gain certain rights to your estate under state law—even if you haven’t updated your will or trust. Here’s how marriage impacts common estate planning documents:

• Wills: If your will was created before your marriage, Oklahoma law may entitle your spouse to an “elective share” of your estate unless explicitly disclaimed.
  
• Beneficiary Designations: Be sure to review life insurance policies, retirement accounts, and other non-probate assets. These override your will and must be updated separately.
  
• Powers of Attorney and Health Directives: You may want to name your spouse as your medical or financial agent, or reconsider previous agents.

Explore our Estate Planning Services to learn how we can help newlyweds secure their future.

Estate Planning Considerations After Divorce

Divorce can nullify certain provisions in your estate plan, but not all. In Oklahoma, any gift or appointment to a former spouse in a will is automatically revoked upon divorce. However, this does not apply to all documents. This is a complex area that requires attention to detail and thoughtful consideration. After a divorce, it’s important to review any trusts, beneficiary designations and guardianship provisions with a lawyer. 

Learn more about Probate Services and how our attorneys can assist.

Remarriage and Blended Families: Protecting Everyone You Love

Remarriage introduces new relationships and responsibilities. You may want to provide for both your new spouse and your children from a prior marriage—something that rarely happens automatically.

• Prenuptial Agreements: These can clarify property rights and protect children’s inheritances.
  
• Trust Planning: A carefully crafted trust can ensure your spouse is cared for during their lifetime while preserving assets for your children.
  
• Joint Property: Oklahoma is not a community property state, but jointly held assets may pass directly to your new spouse, regardless of your will.

Remarriage is also a key time to update your:

• Advance directives
  
• Power of attorney documents
  
• Funeral and burial instructions

We can help you with Trust and Estate Planning strategies that support blended family goals.

When to Update Your Estate Plan

You should review and revise your estate plan after any of the following:

• Marriage, divorce, or remarriage
  
• Birth or adoption of a child
  
• Death of a spouse, child, or other beneficiary
  
• Significant change in financial circumstances
  
• Purchase or sale of major assets (home, business, etc.)

Even without major life events, it’s wise to review your documents every 3–5 years.

Don’t Leave Your Legacy to Chance

Whether you’re planning your first will, navigating a divorce, or blending families through remarriage, your estate plan must evolve with you. At Kevin L Miller, PC, we are here to help ensure your documents reflect your current life and future wishes.

Ready to update your estate plan? Call us today at 405-443-5100 to schedule a personalized consultation.