New Will and Power of Attorney After Divorce in Alabama

What Alabama Law Revokes Automatically

Alabama Code § 43-8-137 revokes any provisions in your will that benefit your former spouse. It also removes them from fiduciary roles — executor, trustee, guardian — as if they had predeceased you. Alabama Code § 30-4-17 extends the same automatic revocation to revocable trusts, payable-on-death accounts, transfer-on-death accounts, and joint tenancy with right of survivorship. It even removes your ex-spouse's relatives from beneficiary and fiduciary positions.

These statutes provide a safety net. They are not a plan.

What the Law Doesn't Revoke

Durable Powers of Attorney. Alabama Code § 26-1A-110 suspends your ex-spouse's authority as your agent when you file for divorce, but it does not permanently revoke the document. If there's any ambiguity about whether the divorce was finalized — or if a third party doesn't know about the divorce — an old POA could still be presented. Execute a new Durable Power of Attorney naming someone you trust and formally revoke the old one in writing.

Healthcare directives and HIPAA authorizations. A living will or healthcare proxy naming your ex-spouse as your medical decision-maker is not automatically revoked by divorce. If you're incapacitated and your ex-spouse presents the old directive at a hospital, they may be treated as your authorized agent. Revoke the existing directive, notify your healthcare providers in writing, and execute a new one.

ERISA-governed beneficiary designations. This is the biggest gap. Federal ERISA law completely preempts Alabama's revocation statutes. The beneficiary listed on your 401(k), 403(b), employer pension, or group life insurance form controls — regardless of Alabama Code § 30-4-17 or your divorce decree. Contact your HR department and submit new beneficiary designation forms directly to each plan administrator.

Drafting a New Will

Alabama requires a will to be signed in front of two disinterested witnesses (people who don't inherit under the will). Adding a notarized self-proving affidavit — a standard form the witnesses and you sign before a notary — lets the Probate Court admit the will without calling the witnesses to testify. This isn't legally required, but it makes probate significantly faster.

Your new will should name a new executor, update the beneficiary structure to reflect your post-divorce wishes, and address guardianship for minor children if applicable. If you had a revocable trust, amend or restate it to update successor trustees and beneficiaries.

The Timing

Estate planning updates should happen within the first 30 days after the decree is signed. The risk window is real: if you die during the gap between your divorce and updating these documents, the automatic revocation statutes protect your will and state-law accounts — but your ERISA retirement accounts and group life insurance pay out to whoever is on the form. That could be your ex-spouse.

The Alabama After-Divorce Checklist includes a document-by-document update tracker for wills, trusts, POAs, healthcare directives, and beneficiary designations — with the distinction between what Alabama law handles automatically and what requires manual action spelled out for each one.

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