Estate Planning During Divorce: What You Need to Know

Episode Summary

Divorce doesn’t just change your personal life — it changes your estate plan. In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains how divorce impacts wills, trusts, beneficiary designations, and guardianship choices. He breaks down why updating your documents during or immediately after divorce is critical to avoid leaving an ex-spouse in charge of your finances, health care decisions, or inheritance.

Brian also covers what happens to joint trusts, how beneficiary designations work after divorce, and why community property laws in California complicate matters further. With over 25 years of experience guiding families, Brian provides clear advice on how to protect your legacy and your loved ones during this major life transition.

What You Will Learn in This Episode

• Why divorce makes updating your estate plan essential
• The risks of leaving an ex-spouse in charge of finances or health care decisions
• How divorce affects wills, trusts, and powers of attorney
• What happens to beneficiary designations on retirement accounts and life insurance
• Why joint trusts don’t work after divorce and what to do instead
• The role of prenuptial and postnuptial agreements in estate planning
• How California’s community property rules complicate asset distribution
• When to update your plan: during divorce proceedings vs. after finalization

Key Timestamps

01:15 – Why divorce requires immediate updates to estate planning documents 03:40 – The risks of leaving your ex in control of medical or financial decisions 06:00 – What happens to joint trusts once assets are split 08:20 – Updating retirement accounts, life insurance, and beneficiary designations 10:45 – How prenuptial and postnuptial agreements affect estate plans 13:00 – Community property vs. separate property in California 15:00 – Why updating your plan during divorce is sometimes urgent

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.