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What is revocation upon divorce and why should I think about it?

On Behalf of | Feb 18, 2022 | Divorce

Going through a divorce is going to force you to think about a lot of different things you’ve probably never considered. Common issues which arise are alimony, child support and property division. These will be dealt with during the divorce process itself but it’s important to understand that there are some things that will happen automatically by virtue of the final divorce decree.

Revocation upon divorce

Michigan Code Section 700.2807 lists a number of changes that take place due to a divorce, whether the parties to the divorce want them to or not. The intent behind the law is an assumption that most couples would want these changes to occur but may not think about them – so the law does it for them. But this doesn’t mean the law fits your particular wishes.

If a couple has life insurance, for example, it’s a common practice for one spouse to designate the other as their beneficiary. Revocation upon divorce, however, automatically severs this designation and there are other beneficiary designations which are affected as well. You can still have an ex-spouse as a beneficiary, if you so choose, but you’ll have to make an affirmative statement due to the statute.

A last will and testament is also affected. If a spouse has been named as your personal representative in the will, revocation upon divorce cancels that designation. Additionally, the ex-spouse is no longer entitled to receive property or assets for which they are named in the will. In fact, Michigan law acts as if the ex-spouse passed away and is therefore unable to fulfill a representative role or receive property.

There are other ways revocation upon divorce can affect your interests, some of which you may agree with and some you may not. When in doubt, speak to a knowledgeable professional to assist you in identifying areas of concern and planning around them.