Divorce can have important and immediate effects on estate planning. The immediate effects of divorce on estate planning are: termination of an entire will, canceling inheritance to the ex-spouse and to the ex-spouse’s family as well as converting tenancies by the entirety, joint tenancies or community property with right of survivorship to tenancies in common. Once a divorce order is issued, property that might have been covered by a previous will could be left to state laws of intestacy, so a client should create a plan that can be affected immediately upon divorce or before the divorce decree is finalized.
It goes without saying that divorce can be one of the most difficult and traumatic experiences for couples. Between the heartache of ending a relationship, to the stress and anxiety that comes from the division of property, and the process of untangling each individual’s life from the other, divorce can lead to acrimony, animosity, and the feeling of revenge. We hope that in these difficult times, each individual can attempt to display the requisite level of civility, and try to divorce in a way that maintains mutual respect and trust. But, we find that may not be the case.
Although “child support” typically ends when your child reaches age 18 and has graduated from high school, you may still have other support obligations for your child.