Estate Planning in Divorce
Estate Planning During Divorce in Utah
Divorce is a significant life event that necessitates a thorough review and adjustment of your estate planning documents. In Utah, it’s crucial to understand how divorce impacts your will, trusts, beneficiary designations, and powers of attorney to ensure your assets and wishes are appropriately managed.


Impact of Divorce on Estate Planning Documents
- Wills and Trusts: In Utah, divorce or annulment automatically revokes any provisions in a will or trust that favor a former spouse. However, if you are in the process of divorce but it is not yet finalized, these provisions remain effective. Therefore, it’s essential to update your estate planning documents promptly during divorce proceedings to reflect your current intentions.
- Beneficiary Designations: Assets like life insurance policies and retirement accounts pass directly to named beneficiaries, regardless of will provisions. After a divorce, it’s vital to update these designations to prevent unintended beneficiaries.
- Powers of Attorney and Healthcare Directives: If your former spouse is designated to make financial or medical decisions on your behalf, consider appointing a trusted individual to these roles to ensure your preferences are honored.
FAQs
How does divorce affect my existing will in Utah?
In Utah, divorce automatically revokes any provisions in your will that favor your former spouse. However, it’s advisable to update your will during divorce proceedings to ensure it reflects your current wishes.
Do I need to update beneficiary designations after divorce?
What happens to joint property if one spouse dies during divorce proceedings in Utah?
If the property is owned as tenants by the entirety, it automatically passes to the surviving spouse. To prevent this, consider severing joint tenancy during divorce proceedings.
Learn from the Experts
Our Blog
Updating Your EState Plan amid divorce proceedings
The Importance of Revising Beneficiary Designations Post-Divorce
How Divorce Impacts Powers of Attorney and Healthcare Directives
Very helpful and patient really help me through a hard time
Austin Gambles
March 23, 2024Divorce case - I was in a hard spot with a firm that wasn't advocating for me and had already taken a huge chunk of my savings and equity from selling my marital home. I was heartbroken. I sent out a handful of new "contact us online" to different firms in Utah, and Jonathon Porter reached out to me almost instantly and we set up an in-person meeting. Less than a month after retaining Porter Law I already feel I am in better hands. I see the holes that were left open by my previous firm, and where Porter Law is picking up the pieces. They have been more proactive than the large firm I signed with from May - September. I wish I would have started here and saved my heartache and pocketbook from the beginning. If you are in a similar position, looking for new representation I highly suggest speaking with Jonathon. Even though my case is not complete, I truly look forward to working with Porter Law to until we are able to close this chapter. 12/26/2024 - UPDATE: From October when I first met with Porter Law I asked if we could get this done by the holidays and today I open up my email to see my divorce is FINAL and everything has concluded. I am so grateful to Porter Law and their diligence and communication that they had with me. My case wasn't rocket science, but felt like so from the other party. Jonathon and his staff kept things upbeat and positive and they got it done! Thank you Porter Law, you truly were a blessing during this time and I really wish I would have found you sooner!
Kindel P
January 23, 2025Our journey began shortly after I returned from the last deployment of my career. I learn that my children had been moved across the country and I was being told I could only see them on/around summer break and winter breaks. This was alarming given that I was court ordered the majority custody of my children. After one hearing with Porter Law Firm my children were returned into my custody. Unfortunately, what seemed to be a simple enforcement issue, became a bit of a living nightmare. I started working initially with Cassidy, who is a really amazing and caring person, but shortly thereafter worked mostly with Stephanie and Jon directly. Stephanie has been nothing short of phenomenal, there have been too many instances in which I have needed her and Jon's expert advice, and albeit this moderately simple enforcement case became quite complex in the blink of an eye. With that being said, given the complexity, Stephanie and Jon are great at providing quick and accurate answers to the many questions I have had. We are nearing what I hope to be the conclusion of this ordeal and regardless of the outcome, I have felt that they have been there for me when I needed them the most. To be a little more descriptive, there have been many conversations derived by a lot of emotions, (and admittedly I can be a bit long winded) yet each time I am in contact with them it really feels like they are hearing me as more than that of a client, but as a person. While it has been difficult to process that sometimes things take longer than what I would hope they did, I can say that after working with Porter Law-Firm for well over a year, I am grateful for all they have done to help!
Michael Carfaro
August 23, 2024Jonathan and cassidy helped me throught out my case and worked well with me with payment. Def recommend appreciate the help guys !
Brian LS
July 23, 2024Jonathan handled my divorce with compassion and respect. I had a unique situation and he helped me out in a huge way. Cassidy was very helpful and answered all my questions. I would definitely recommend his services.
yvette lankford
August 23, 2024I found Jonathan and his paralegal Cassidy while needing help correcting custody issues with my children. They both stepped into a situation that for me has been emotionally exhausting and they have been nothing more than amazing. They are both compassionate and caring while understanding the need for legal fairness and action. They have been very patient when I have anxiously reached out for reassurance or when I've asked a thousand questions. I was very impressed by the professional and respectful way they interacted with the mother of my children despite knowing the turbulent history of things. I have also been impressed by their concern for my children. Needing a lawyer is always difficult, but Jonathan and Cassidy have been an incredible asset and their help has been invaluable.
Ryan Uhrey
March 23, 2024Jonathan and his team are amazing. They helped me with my case. They were very professional and when I had a question they were quick to respond. I would definitely recommend them
Eder Nogueron
July 23, 2024I am very grateful for Jonathan Porter and the wonderful team at Porter law firm. Everyone I've had the pleasure to work with has been extremely helpful, empathetic, and informative every step of the way. I would certainly recommend this firm 100 times over.
michael wood
March 23, 2024Jonathan Porter is very caring in how he handles a case. He understands what you are going through while validating your feelings on the matter. I highly recommend going through Porter Law Firm.
Sabrina Carver
October 23, 2024I highly recommend Jonathan Porter and his team, Cassidy and Stephanie to everyone who unfortunately see’s themselves faced with Divorce or Child Custody issues. My Fiancé Has been going through a very complex divorce/custody battle since 2021. We previously hired 2 other attorneys in the area that we regret greatly. Jon has been amazing and truly cares about his clients! He will absolutely fight for you and your rights as a parent.
Seana Grattan
April 23, 2024