It is important to make sure that your will reflects your current circumstances. Filing for divorce is a drastic change in circumstances. That means that you should consider whether or not your will still reflects your wishes.
There is no “legal separation” in Texas. That means that if you were to die during your divorce, no matter how bitter the divorce, no matter how long it has been since you lived together, your spouse is still your spouse under the law.
A will drawn up specifically for effect during a divorce can be a temporary one. It can always be updated with a codicil after the divorce is final, or a new will can be drafted after the divorce is final.
No one likes to think about death. But the whole purpose of having a will is to cover this circumstance, which for many people cannot be predicted. We have personally known of circumstances in which a soon-to-be divorced person dies with no will, or a will which leaves all to their spouse. Then the unanticipated death occurs and the legal spouse inherits everything. This is especially upsetting when it is clear that the deceased would have been adamantly against that outcome, but did not take steps to prevent it. And it is sad when the inheritance is spent by the surviving spouse, and the children do not benefit from it.
Having said that, there are circumstances in which it is fine to leave it “as is”. If you are divorcing and you would be fine with your spouse inheriting your property during your divorce, then you do not need to change your will immediately. However, it is recommended that you update it after your divorce is final.
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