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Does a former spouse or ex-wife receive anything under Will after divorce?

Does a former spouse or ex-wife receive anything under Will after divorce?

Full question:

Does a former spouse or ex-wife receive anything under Will after divorce?

Category: Wills and Estates
Subcategory: Effect of Divorce
Date: 04/07/2025
State: Washington

Answer:

Under Washington State law a divorce has the effect of revoking any provision in the spouses will.

Washington Statutes
Title 11. PROBATE AND TRUST LAW
Chapter 11.12. Wills
Current through Chapter 288, 2017 Regular Session

§ 11.12.051. Dissolution, invalidation, or termination of marriage or domestic partnership

(1) If, after making a will, the testator's marriage or domestic partnership is dissolved, invalidated, or terminated, all provisions in the will in favor of or granting any interest or power to the testator's former spouse or former domestic partner are revoked, unless the will expressly provides otherwise. Provisions affected by this section must be interpreted, and property affected passes, as if the former spouse or former domestic partner failed to survive the testator, having died at the time of entry of the decree of dissolution or declaration of invalidity. Provisions revoked by this section are revived by the testator's remarriage to the former spouse or reregistration of the domestic partnership with the former domestic partner. Revocation of certain nonprobate transfers is provided under RCW 11.07.010.
(2) This section is remedial in nature and applies to decrees of dissolution and declarations of invalidity entered before, on, or after January 1, 1995.
Cite as RCW 11.12.051

For other State laws on the effect of divorce on a Last Will of a former spouse see https://answers.uslegal.com/wills-and-estates/divorce/27929/

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

What is a divorced wife entitled to?

A divorced wife may be entitled to various assets depending on state laws and the specifics of the divorce settlement. Common entitlements include marital property, spousal support (alimony), and retirement benefits. In community property states, assets acquired during the marriage are typically divided equally. In equitable distribution states, the division is based on fairness, considering factors like the length of the marriage and each spouse's financial situation. It's essential to consult with a legal professional for personalized advice.

How to start over financially after divorce with no money?

Starting over financially after a divorce can be challenging. Begin by creating a budget to track your income and expenses. Look for ways to reduce costs and increase your income, such as finding a job or freelance work. Consider seeking financial advice or counseling to help manage debts and savings. Additionally, explore community resources and support programs that can assist you during this transition.

Is an ex-spouse entitled to anything after death?

In most cases, an ex-spouse is not entitled to inherit anything from a deceased spouse's Will after divorce. In Washington State, for example, divorce automatically revokes any provisions in a Will that benefit the former spouse (RCW 11.12.051). However, if the Will explicitly states otherwise, the ex-spouse may still receive benefits. It's advisable to review estate planning documents and consult with an attorney for clarity.

What is a wife entitled to in a divorce settlement in the USA?

A wife may be entitled to a variety of assets in a divorce settlement, including marital property, spousal support, and retirement accounts. The specifics depend on state laws, the duration of the marriage, and individual circumstances. In community property states, assets acquired during the marriage are typically divided equally. In equitable distribution states, the division is based on fairness. Consulting a family law attorney can provide guidance tailored to your situation.

How does a divorce affect a will?

In Washington State, a divorce automatically revokes any provisions in a Will that benefit a former spouse, as stated in RCW 11.12.051. This means that any gifts or interests granted to the ex-spouse become void unless the Will specifies otherwise. The property would then pass as if the former spouse had died at the time of the divorce. It's important to update your Will after a divorce to reflect your current wishes.

How can I afford to live on my own after divorce?

Affording to live on your own after a divorce involves careful financial planning. Start by assessing your income and creating a budget that includes all necessary expenses, such as housing, utilities, and groceries. Consider finding a job or increasing your work hours to boost your income. Explore community resources, financial aid programs, and affordable housing options. Seeking advice from a financial counselor can also help you navigate this transition.