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When you put your estate plan in place, you knew you’d likely need to amend it when family changes and life events warranted it. If you’re preparing to divorce or already in the process, that definitely qualifies as both.

It’s important, however, to understand what changes you can make prior to the divorce being final and which ones need to wait. Each situation is unique, but let’s briefly review the most common estate plan modifications that Texans make when they divorce.

Your spouse’s inheritance

As a community property state, Texas spouses’ assets are largely shared. That means you can’t disinherit your spouse before the divorce is final unless you have a prenuptial or postnuptial agreement that says otherwise.

Under Texas probate law, an ex-spouse is considered the same as a deceased one. The law says that “all provisions in the will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator had failed to survive the testator.”

If you have listed your spouse as a designated beneficiary outside of your estate plan (for example, on your investment and retirement accounts), you’ll need to make those changes yourself once the divorce is final. The same is true for insurance policies, like life insurance.

Fiduciary appointments

As noted above, any fiduciary appointments to which your spouse is named won’t be valid after the divorce, since it will be the same under the law as if your spouse had predeceased you. Fiduciary appointments include things like your personal representative (executor) and designated health care agent.

Typically, you can remove your spouse from these appointments prior to the final divorce decree if you feel more comfortable with someone else having these powers. If your soon-to-be ex is still one of the most responsible and trustworthy people you know, you can keep them in these fiduciary roles. However, you’ll likely need to codify that in your estate plan after the divorce.

You may have multiple other changes that need to be made to your estate plan as you end your marriage. Each situation is unique. That’s why it’s wise to get estate planning guidance as early in your divorce (if not before it) as possible. It’s also crucial to be aware of any changes your spouse is making to their plan that involve you.