Divorcing in Arizona? 5 Estate Planning Updates You Can’t Afford to Skip

Divorce is rarely simple—even in the best-case scenario. Between court filings, emotional shifts, and financial changes, it’s no wonder that updating your estate plan might not make the top of your to-do list.

But here’s the thing: estate planning during divorce isn’t just important—it’s urgent.

At Flagstaff Law Group, we believe that planning is one of the most powerful ways to care for yourself and your loved ones, especially during big life transitions. If divorce is on your horizon (or already underway), here’s how to take control, avoid unnecessary risk, and ensure your future plan truly reflects your new chapter.

Why Act Now? (Even Before the Divorce Is Final)

Arizona is a community property state, which means assets acquired during the marriage are generally split 50/50. But many people don’t realize that your spouse still has full legal authority over your health, finances, and estate until the divorce is finalized—unless you make updates.

Let’s make it easy. Below are the five essential updates to review right now, plus a client story to show why timing matters.

1. Revoke and Redesign Your Powers of Attorney

Imagine this: You’re in the hospital, unable to speak for yourself—and your soon-to-be-ex is the one making your medical and financial decisions.

Not ideal, right?

If your healthcare and financial powers of attorney still name your spouse, they likely still have legal authority to act on your behalf. Even if things are amicable, this is a vulnerable position to be in.

Update these documents as soon as divorce is inevitable, not after it’s filed. In Arizona, you can name a trusted friend, sibling, adult child, or professional fiduciary instead. Just make sure it’s someone who truly understands your wishes and will honor them.

Pro Tip: Divorce attorneys may not update these documents and typically lack the expertise to do so—estate planning is a different legal specialty. Work with an attorney who’s focused on estate planning to make sure these are done right.

2. Rethink Your Beneficiaries—Before It’s Too Late

Many people assume their divorce will automatically remove their ex from things like life insurance or retirement accounts.

In most states, it doesn’t.

Assets like your 401(k), IRA, life insurance, and transfer-on-death accounts pass outside of your will. If your spouse is still listed as the beneficiary and something happens to you—even years later—they could legally inherit those funds.

Arizona law may limit your ability to change beneficiaries once a divorce is filed, especially on retirement plans governed by federal rules. Some people may choose to update their beneficiaries before filing, but it’s still possible a court could require changes depending on the final divorce outcome and how marital assets and debts are divided. If you’re mid-divorce, check with an estate planning and family law attorney to see what’s possible now—and circle back immediately once the divorce is finalized.

Real Talk: We’ve encountered countless stories where an ex-spouse receives an asset because the owner forgot to change the beneficiary on assets like retirement and life insurance post-divorce. Don’t let that happen to you.

3. Rewrite Your Will With Intention

When was the last time you looked at your will?

Most married couples name each other as both the executor (decision-maker) and the primary beneficiary. That might have made sense once when you shared joint planning goals with your spouse—but now?

Even though Arizona law revokes certain provisions in favor of an ex-spouse after a divorce is final, your old will can still cause major complications. If you pass away before the divorce is official, your current spouse may still inherit the majority of your estate.

Use this transition as an opportunity to:

• Choose a new executor

• Update guardianship designations if you have minor children

• Redirect inheritances to family, friends, or charities that reflect your current wishes

You don’t have to wait until the ink is dry on the divorce. In fact, it’s often better if you don’t.

4. Amend or Create a Trust (Especially If You Have Kids)

If you already have a revocable living trust, it’s time to review it with fresh eyes. Does your ex still appear as successor or co-trustee? Are they listed to receive certain assets?

Depending on how your trust is written and the timing of your divorce, you may be able to make updates now—or you may need to wait until the divorce is final. Either way, we’ll help you navigate Arizona’s laws safely and strategically.

And if you don’t have a trust, now is a smart time to create one—particularly if you have minor children or expect to remarry. Trusts offer flexible, private, and powerful ways to:

• Control when and how your children inherit

• Ensure your ex doesn’t control inherited money

• Protect your estate from court involvement or conflicts

• Support blended families with clear boundaries

Pro Tip: If you’re worried about your ex managing your child’s inheritance, a trust allows you to appoint someone else to handle it until your child reaches adulthood.

5. Do a Final Review After the Divorce Is Done

Even if you’ve done everything right during the process, don’t skip the final step.

Once your divorce is finalized, revisit all of your estate planning documents:

• Powers of attorney

• Beneficiaries

• Will

• Trust

• Health care directives

• HIPAA authorizations

• Guardianship nominations

Update anything that’s temporary, reflect your new financial and family reality, and (if needed) start fresh with a comprehensive plan that works for your next chapter.

Estate planning isn’t one-and-done—it evolves with you.

Divorce & Estate Plan Checklist (Arizona Edition)

Use this simple list to stay on track:

1. Update healthcare and financial powers of attorney

2. Review and update beneficiary designations (especially before filing)

3. Draft a new will or revoke outdated provisions

4. Amend or create a trust

5. Choose new guardians and trustees

6. Final review of your entire estate plan post-divorce

7. Consult with an Arizona-based estate planning attorney

A Client’s Story: The Retirement Account That Went to the Ex

After her divorce, “Lisa” thought she was in the clear. She updated her will, sold the house, and started a new chapter. But she hadn’t updated the beneficiary on her 403(b). A decade later, when she passed unexpectedly, her ex-husband—who she hadn’t spoken to in years—received over $300,000.

Her adult children were shocked. There was nothing they could do.

Beneficiary designations bypass your will, and courts generally uphold them unless fraud or coercion is proven—which is rare. Don’t let an outdated form dictate your legacy.

You’re Not Alone in This

At Flagstaff Law Group, we know divorce can be overwhelming. We also know that you don’t have to go through it alone—and that making even one or two proactive decisions now can save your loved ones enormous stress later.

We’re here to help you reclaim control, simplify your decisions, and move forward with clarity and confidence.

Let’s make it easy. Schedule a free discovery call with our team! Whether you’re mid-divorce, just starting the process, or already on the other side, we’ll meet you where you are.

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This article is for educational purposes only and is not specific legal advice.  There is no substitute for consulting with an attorney about your specific circumstances.