It can be difficult to develop a fully comprehensive estate plan, but it’s a necessity if you want to leave something behind for your loved ones when you pass away. If you are trying to put your plan together without the help of an experienced lawyer, the process can be even harder to endure. An estate plan reflects your most accurate wishes for your assets, and an unfaithful spouse can change those wishes. A Chicago estate planning lawyer can help your case.

Finding out your partner has been unfaithful to you can cause serious repercussions throughout both of your lives. First and foremost, you might want to avoid reacting emotionally. Take some time to really think about what you want to do. The help of an experienced estate planning lawyer cannot be overstated. You might want to immediately remove your spouse from your estate plan, and that will be much easier to do with a lawyer’s help.

Hiring the Right Estate Planning Lawyer

Any time you are dealing with your estate plan, whether you are establishing a new one or modifying an existing one, you should consult with an experienced lawyer. The last thing you want to do is make a costly mistake. After learning of infidelity, you may not be in the right headspace to handle modifying your plan alone. The legal team at Stange Law Firm can help you. Our multi-state team has helped clients across the country with their respective estate plans.

According to statistical data gathered by the US Census Bureau, the median household income throughout the state of Illinois was around $80,000 per year as of 2023. This may be considered an amount significant enough to warrant the creation of an estate plan, depending on your individual needs. You should re-establish safeguards after cutting out your spouse, including choosing a new person for power of attorney if necessary. Divorce may be next.

Finding out your spouse has cheated on you can be one of the most painful realizations of your life. It can make you question your entire marriage and could permanently harm your ability to trust others. You might want to consider reaching out to a local infidelity support group like Infidelity Survivors or Navigating Divorce & Breakups Post 40. Talking to others who have endured similar betrayals can be beneficial to your overall healing journey. 

Dealing With the Fallout of Infidelity in an Estate Plan

If you have already established an estate plan, it may be safe to assume that your spouse is featured prominently. They might be your primary beneficiary or have power of attorney over your medical decisions. 

You may have counted on them to oversee probate and distribute your assets properly. Now, all of that trust may be gone, and you might want to ensure that this change is reflected on paper. These are some actions you can take to ensure they are removed from your plan:

  • The very first thing you should do after learning of your partner’s infidelity is to contact your lawyer. An estate planning lawyer can help you go through your existing plan and modify it so that your spouse no longer benefits from it in any way. Without a lawyer’s help, you may not be able to guarantee that you properly cut them out of your plan. Even if you take them out of the will, there are still other ways they could benefit.
  • Be sure to document everything. The more evidence you have of the infidelity, the easier it can be to stand up to your ex in court and make sure they can’t take advantage of you. Removing them from your plan is only one part of what’s sure to be a messy breakup. Divorce will likely follow, and while infidelity won’t directly affect the settlement in Illinois, your lawyer can discover if your spouse was misusing marital assets.

FAQs

Q: Do I Need a Lawyer to Update My Estate Plan?

A: No, you do not need to hire a lawyer to update your estate plan. If you know what you’re doing and you understand how the process works, you can move forward on your own and update your plan accordingly. However, if you are unfamiliar with the process, you might want to hire a lawyer to ensure you do everything correctly and don’t make any costly mistakes. A good lawyer’s help can make all the difference.

Q: Will My Estate Plan Update Automatically After My Divorce?

A: No, your estate plan will not automatically update after your divorce. Once you get divorced, your former spouse may still be featured prominently in your estate plan. You should contact an estate planning lawyer and systematically remove them from your plan entirely. Otherwise, you may have a much bigger problem to deal with if you end up medically incapacitated or pass away. Your spouse may be the one deciding how your assets are distributed.

Q: Why Is an Estate Plan Important?

A: An estate plan is important because it provides a blueprint for how you want your assets distributed and your estate divided in the event of your death. If you pass away without an estate plan in place, it will be up to the court to decide how to distribute your assets. They will likely distribute them to your closest living relatives, which you may not want. Having a plan can give you peace of mind that your wishes are being respected.

Q: Should I Hire a Divorce Lawyer?

A: If your spouse has cheated on you and you have lost all love or trust in them, you should hire a divorce lawyer to start proceedings and move on with your life. Having a good lawyer in your corner can make things easier to deal with, as your spouse may decide to react emotionally and try to hurt you out of spite. Your lawyer can help you prepare a strong case and take the high road.

Contact Us Today

At Stange Law Firm, we can help you modify your estate plan and move ahead with a divorce. Contact us to speak to a member of our team about your case.