Preparing for the Unexpected Estate Planning and Divorce for Those Living With Major Illness

When you are dealing with a serious health condition, planning for the future becomes deeply personal, and sometimes urgent. Add a divorce on top of that, and it can feel completely overwhelming. Estate planning attorneys are here to tell you: you have more control than you think. Estate planning during divorce, especially while facing a major illness, gives you the power to protect yourself, your loved ones, and your legacy.

Here’s how to approach this delicate but essential process with care, clarity, and support.

1️⃣ Update Your Will
If you created a will during your marriage, your soon-to-be ex-spouse may still be listed as a primary beneficiary. Once divorce proceedings begin, you may want to:

• Designate new beneficiaries (such as children, siblings, or close friends)
• Address any jointly owned assets
  
• Consider creating a trust if your health condition could require long-term planning
  

2️⃣ Revisit Powers of Attorney
A Power of Attorney allows someone to make financial or legal decisions on your behalf if you are unable. If your spouse was listed, you may want to:

• Revoke the old document
  
• Name a trusted family member or friend instead
  
• Create clear guidelines on what decisions they can and cannot make
  

3️⃣ Update Your Healthcare Proxy / Advance Directive
A healthcare proxy (or medical power of attorney) designates someone to make medical decisions for you if you cannot. You deserve to have someone by your side who understands your values, your wishes, and your dignity. Don’t be afraid to change this document if your relationship with your spouse has shifted.

4️⃣ Review Beneficiaries on All Accounts
Divorce does not automatically update the beneficiaries of life insurance policies, retirement accounts, or pensions. Make sure to:

• Remove your spouse (if that is your choice)
• Add new beneficiaries
  
• Consult with your attorney about the timing of these changes during the divorce process
  

5️⃣ Consider Setting Up a Trust
If your medical condition may lead to long-term care costs, a trust can:

• Protect assets for your children or loved ones
  
• Allow you to qualify for certain benefits while preserving family wealth
  
• Provide peace of mind knowing your legacy is secure
  

6️⃣ Talk to Your Legal and Medical Team
Estate planning isn’t something you should tackle alone, especially during divorce and illness. Your local attorney can help you with your estate planning and work with, financial planners, and healthcare professionals to ensure our clients’ plans reflect their full reality.

Facing illness and divorce at the same time is painful. Making these difficult decisions now is an incredible act of love for yourself and for those you care about most. 💙You deserve a legal partner who will help you protect your future, even as you work through the challenges of today.