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Can my husband revoke his will made prior to his divorce from his ex-wife?

Can my husband revoke his will made prior to his divorce from his ex-wife?

Q: What is the new law for divorce in Maryland?

As of October 2023, Maryland has not enacted any major new laws specifically altering divorce procedures. However, ongoing reforms may affect alimony calculations and property distribution. It's important to consult with a legal professional for the most current information and how it may apply to your situation.

Q: What are the new laws for divorce in Maryland?

Maryland's divorce laws are subject to change, but there have been no significant new laws recently. Changes may include adjustments to alimony guidelines or property division rules. Always check with a legal expert to ensure you have the latest information on divorce laws in Maryland.

Full question:

I met my husband after two months of his divorce from his ex-wife. We have one son from our marriage and live in Maryland. My husband made a will before he got married to me. Can my husband revoke his will that he made prior to his divorce from his ex-wife?

Category: Wills and Estates
Date: 04/07/2025
State: Maryland

Answer:

In Maryland, a will or any part may be revoked by an absolute divorce between the testator and his spouse or by an annulment of the marriage, if the annulment or the marriage occurs subsequent to the execution of the testator’s will. However, only those provisions in the will may be revoked that relate to the spouse of the testator. The relevant statutory provision in this regard is stated below.

Md. ESTATES AND TRUSTS Code Ann. § 4-105 reads:

“A will, or any part of it, may not be revoked in a manner other than as provided in this section.
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By an absolute divorce of a testator and his spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator's will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree.”

Therefore, in the instant case your husband may revoke that part of the will, which relates to his ex-wife.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does it matter who files for divorce first in MD?

In Maryland, it does not significantly affect the divorce outcome who files first. The court will consider the same factors regardless of the filing order. However, the person who files first may have some strategic advantages, such as choosing the venue and possibly setting the pace of the proceedings.

What is a spouse entitled to in a divorce in Maryland?

In Maryland, a spouse may be entitled to an equitable distribution of marital property, which includes assets acquired during the marriage. This can cover real estate, bank accounts, and retirement benefits. Additionally, alimony may be awarded based on various factors, including the length of the marriage and each spouse's financial situation.

How does adultery affect divorce in Maryland?

Adultery can impact divorce proceedings in Maryland, particularly regarding alimony and the division of marital property. If one spouse can prove the other committed adultery, it may influence the court's decisions, especially if it affects the financial situation or the marital relationship. However, Maryland is primarily a no-fault divorce state.

Can my husband take me out of his will?

Yes, your husband can take you out of his will at any time, as long as he is of sound mind and follows the proper legal procedures to amend or revoke the will. In Maryland, divorce automatically revokes any provisions in a will that benefit a former spouse unless the will states otherwise (Md. ESTATES AND TRUSTS Code Ann. § 4-105).