Updating Your Will While Divorcing in Texas: What You Should Know
Yes, in most cases you can legally change your will during a divorce in Texas – and in many situations, you should.
Failing to update your estate plan while your divorce is pending can leave your soon-to-be ex-spouse with legal authority over your estate, your assets, or even your children. Texas law does allow certain changes before a divorce is final, but there are important limitations you need to understand.
This guide explains what you can and can’t update, when it’s safe to make changes, and why timely estate planning during divorce can protect your future – and your peace of mind.
Understanding the Basics of Wills During Divorce in Texas
In Texas, your last will and testament remains valid unless you formally revoke it or execute a new one. That means your will continues to control who receives your property, who manages your estate, and who takes legal responsibility for any minors named – even after you’ve filed for divorce.
Contrary to what many believe, divorce proceedings don’t “freeze” your estate plan. Your spouse’s roles and entitlements don’t automatically disappear just because the relationship is ending. Texas law does include provisions that may nullify some benefits to an ex-spouse once the divorce is final, but those provisions do not apply while a divorce is still pending.
Key facts to keep in mind:
- Your will continues to operate during the divorce process
- If your spouse is listed as executor or beneficiary, those roles remain intact unless you change them
- Courts may later void some benefits to an ex-spouse after the divorce – but only after the final decree is entered
That means if you pass away before the divorce is finalized and haven’t updated your estate plan, your spouse could still inherit property, serve as executor, or make decisions you no longer agree with.
What Texas Law Says About Will Changes Before Divorce Is Final
In Texas, you are generally allowed to change your will at any time – including while your divorce is still pending. That right doesn’t go away just because you’ve filed a divorce petition. However, you must navigate carefully, especially if temporary court orders are in place.
Key principle:
Your will is a personal legal document. As long as you are mentally competent and not under coercion, you have the right to revoke or rewrite it at any time. But during divorce, some courts issue standing orders or automatic temporary restraining orders (ATROs) that limit certain actions, especially involving jointly owned property or beneficiary designations.
What you can typically change:
- Your executor (who manages your estate)
- Your children’s guardianship preferences
- Who receives your personal or separate property
- Specific bequests unrelated to community assets
What may be restricted:
- Moving, hiding, or reassigning community property
- Changing beneficiaries on retirement accounts or insurance
- Altering or funding trusts with marital property
| Estate Element | Change Allowed During Divorce? | Notes |
|---|---|---|
| Your Will | Yes | You can rewrite or revoke it at any time |
| Executor or Guardian Names | Yes | No restrictions on personal designations |
| Life Insurance Beneficiaries | Possibly restricted | May be blocked by court orders |
| Trust Amendments | Sometimes restricted | Depends on funding sources and timing |
| Power of Attorney Documents | Yes | Strongly advised to update early |
Important: Always consult both your divorce and estate planning attorneys before making changes. Even if you’re legally allowed to act, certain updates could trigger conflict or allegations of bad faith if they affect shared assets.
What You Can and Can’t Change While Divorcing
When going through a divorce in Texas, it’s critical to know where your legal authority begins and ends. While you can update your will and some other documents, there are real limitations designed to prevent either spouse from unfairly altering the financial playing field during the process.
What you can typically change without court interference:
- Your Will: You can revoke it, draft a new one, or adjust the terms at any time.
- Executor: You’re free to name someone other than your spouse to handle your estate.
- Guardianship for Minor Children: You can update your preferences for who should raise your children if something happens to both parents.
- Powers of Attorney: You can revoke financial and medical POAs and appoint someone new.
What may be restricted under court orders:
- Transferring Community Property: You cannot sell, transfer, or hide jointly owned assets.
- Changing Beneficiaries on Certain Accounts: Retirement accounts, pensions, and life insurance policies may be subject to restraining orders.
- Funding New Trusts with Shared Assets: If community property is used to fund a trust or gift, you could violate court restrictions.
| Document or Action | Can You Change It? | Caution/Notes |
|---|---|---|
| Will | Yes | Strongly advised to revise during divorce |
| Executor / Guardian Designations | Yes | No court permission needed |
| Power of Attorney Documents | Yes | Recommended to revoke and replace promptly |
| Beneficiary on Life Insurance / 401(k) | Maybe | Often restricted by standing orders or ATROs |
| Moving Joint Funds Into a Trust | No | Likely a violation of temporary court orders |
Remember: Even if your intentions are good, making certain changes without the court’s knowledge can damage your credibility in the divorce process. Always coordinate updates with your legal team.
Why You Should Still Review and Revise Your Will Now
Even if you’re in the middle of divorce and some changes are restricted, there are still crucial updates you can and should make to your estate plan right away. Waiting until the divorce is finalized can leave you vulnerable – especially if something unexpected happens before then.
Consider these real risks:
- Your spouse is still legally empowered to act as your executor
- Guardianship choices may no longer reflect your wishes
- Your current will might direct property or authority to someone you’re actively divorcing
Texas law doesn’t automatically remove your spouse from these roles unless and until the divorce is final. If you become incapacitated or pass away during the process, your outdated documents could remain fully enforceable.
What you can do now:
- Remove your spouse as executor and replace them with someone you trust
- Update or revoke guardianship preferences, especially if you have minor children
- Clarify who receives your personal property and separate assets
- Revoke old powers of attorney and health directives
Warning:
Leaving your ex in charge of your estate, your finances, or your medical decisions – even temporarily – can create long-term complications for your heirs and your estate. A few early updates can prevent expensive disputes later on.
Taking action now also gives you peace of mind during a time when so much else feels uncertain.
What to Do After the Divorce Is Final
Once your divorce is finalized, it’s time to fully update your estate plan to reflect your new legal and financial reality. This isn’t just about removing your ex from documents – it’s about making sure your estate plan supports your long-term goals and complies with the terms of your divorce decree.
Key updates to make immediately after divorce:
- Execute a new will that reflects your single status
- Remove your ex-spouse from all roles – executor, trustee, agent, or beneficiary – unless legally required to retain them
- Review and revise trusts, especially any joint or revocable trusts created during the marriage
- Amend power of attorney and medical directive documents to ensure someone you trust is in charge
- Align your estate plan with your divorce decree, including life insurance requirements or property settlement terms
Checklist:
- New will drafted and signed
- Guardianship preferences updated
- Powers of attorney revoked and reassigned
- All beneficiary designations reviewed and replaced
- Financial accounts retitled if needed
- Trusts dissolved or amended as required
Divorce changes everything – your estate plan must evolve with it. Waiting too long can create unnecessary risks, especially if your documents no longer reflect your true intentions.
FAQs about Changing Your Will During a Texas Divorce
Can I write a new will while my divorce is still pending in Texas?
Yes. Texas law allows you to revoke or rewrite your will at any time – including during a pending divorce. However, you should avoid making changes that violate temporary court orders related to marital property or shared assets.
Is my spouse automatically removed from my will once I file for divorce?
No. Your spouse remains in your will until you formally change it or the divorce is finalized. Texas law may void some provisions benefiting a former spouse after the divorce is complete – but that protection does not apply while the divorce is in progress.
What’s the risk of not updating my will during divorce?
If you pass away before the divorce is finalized, your spouse may still inherit your assets, serve as executor, or have legal authority in areas you no longer want them involved. Delaying updates can create serious legal and financial complications.
Can I change my power of attorney while divorcing?
Absolutely. You can and should revoke old financial and medical power of attorney documents during a divorce. These documents give others legal access to your finances and health decisions – and should reflect your current wishes.
Are there things I’m not allowed to change before the divorce is final?
Yes. You may be restricted from changing beneficiaries on life insurance policies, retirement accounts, or from transferring community property without court permission. Always check for standing orders or ask your attorney before making such changes.
What happens if I forget to update my estate plan after divorce?
Outdated documents can leave your ex-spouse in control of your estate or named as a beneficiary – even years after the divorce. Post-divorce estate planning is just as important as the legal split itself.
Do I need both a divorce attorney and an estate planning attorney?
Yes, ideally. Working with both ensures your divorce settlement and estate documents are coordinated, legally sound, and enforceable.
Take Control of Your Estate Plan Today
Don’t wait until your divorce is final to protect what matters most. At Brandi Wolfe Law, we help clients across Texas update their wills, powers of attorney, and trusts with clarity and confidence – even during complex divorce proceedings.
If you’re separated, divorcing, or recently divorced, we’ll help ensure your estate plan reflects your life today, not the past.
Call (210) 571-0400 to schedule a personalized estate planning consultation.