What Happens During Separation?
What People Think
Separation changes my will automatically
What Actually Happens
Your will remains completely unchanged
If you're married but separated, your will still names your spouse as executor and beneficiary. Nothing changes until the divorce is legally finalised.
What Changes After Divorce?
When your final order (formerly called the decree absolute) comes through, the law treats your ex-spouse as if they died before you. Any gifts to them fail and they're removed as executor. But this doesn't mean your estate is properly protected.
Where does everything go instead?
Backup Clause
Your will's backup provision (which may be outdated)
Partial Intestacy
Default inheritance rules (not your wishes)
Unintended Outcome
Assets passing in ways you never anticipated
Your will might still be legally valid, but it probably doesn't work the way you need it to.
What Happens to Your Children's Inheritance?
This is where divorce creates the most serious risks, particularly if your children are under 18. Without proper protective structures, your ex-spouse could end up controlling the inheritance you intended for your children.
The money you intended for your children could be:
- •Managed by your ex-partner as surviving parent
- •Mixed with their household finances
- •Exposed if they remarry and divorce again
- •Claimed against in their bankruptcy
- •Passed to a new step-parent if they die
Even if your children are adults, they could inherit at vulnerable moments: during their own relationship breakdown, financial pressure, or when they lack experience managing significant wealth.
Divorce is often when protective trusts become essential, not optional.
The Property Ownership Issue Most People Miss
If you jointly own your home with your spouse, the type of ownership matters more during divorce than almost any other time.
If you own as "joint tenants":
Your share automatically passes to your spouse if you die before the divorce completes, regardless of what your will says. This completely overrides your will for that asset.
If you own as "tenants in common":
Your share passes according to your will, giving you control over who inherits your portion of the property.
You can change from joint tenants to tenants in common yourself. It's called severing the joint tenancy. We've created a detailed guide that walks you through the process step-by-step:
This should be done as soon as possible during divorce proceedings to prevent your share automatically passing to your spouse.
What About Life Insurance and Pensions?
Life policies and pension death benefits use provider records outside the will. Divorce can affect how each arrangement operates, so ask the provider to confirm the current record and its rules before assuming who would receive the benefit.
- ✓Ask providers to confirm current life-policy nominations
- ✓Ask pension providers to confirm current nominations
- ✓Ask an FCA-authorised adviser to assess any proposed change
- ✓Don't assume your will overrides these nominations
What You Can Do Now
You don't need to wait until the financial settlement is agreed. You can take protective steps during the divorce process.
Practical actions:
Review your current will with someone who understands divorce implications
Remove your spouse as executor and consider who should replace them
Update or create guardianship provisions for your children
Consider whether protective trusts would be appropriate for children's inheritance
Check your property ownership structure (and sever the joint tenancy if needed - see our guide above)
Review provider records with an FCA-authorised adviser
An interim will can protect you during the divorce process while everything is being negotiated. You can always revise it again once the financial settlement is complete.