If you’re in the middle of a divorce, you may want to remove your spouse from your Last Will and Testament. In New York, you can update your will at any time, but there are limits on what you can do while the divorce is pending.
Even if you disinherit your spouse in your will, they have a legal right to claim part of your estate, called the "right of election." This right allows them to inherit at least one-third of your estate or $50,000, whichever is greater, until the divorce is finalized. Once the divorce is complete, this right usually ends.
Additionally, divorce cases in New York include automatic orders that prevent certain financial changes. While you can update your will, some actions—like changing beneficiaries on life insurance—might require court approval as you are not allowed to change/move assets while a divorce is pending without the court’s approval.
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