Under Connecticut General Statutes § 45a-257c, divorce automatically revokes any provision in your will that benefits your former spouse, treats them as having predeceased you, and removes their authority as executor or trustee. However, this automatic protection applies only to wills and does not extend to life insurance policies, retirement accounts, powers of attorney, or healthcare directives. Connecticut residents must manually update 6 to 8 estate planning documents within 30 days of their final dissolution decree to fully protect their assets and ensure their wishes are honored.
| Key Facts | Connecticut Requirements |
|---|---|
| Filing Fee | $360 (Superior Court, as of March 2026) |
| Waiting Period | 90 days from return date under CGS § 46b-67 |
| Residency Requirement | 12 months under CGS § 46b-44 |
| Grounds | No-fault (irretrievable breakdown) or fault-based |
| Property Division | Equitable distribution (all-property state) |
| Will Revocation Statute | CGS § 45a-257c |
| POA Termination Statute | CGS § 1-350i |
| Healthcare Proxy Statute | CGS § 19a-579b |
How Connecticut Law Automatically Protects Your Will After Divorce
Connecticut General Statutes § 45a-257c automatically revokes three categories of provisions in your will upon divorce: any disposition of property to your former spouse, any power of appointment granted to your former spouse, and any nomination of your former spouse as executor, trustee, conservator, or guardian. The statute treats your ex-spouse as having predeceased you, meaning assets pass to contingent beneficiaries or according to intestacy rules. This protection activates immediately upon entry of your final dissolution decree and does not require any action on your part.
The automatic revocation applies only when the will was executed before the divorce became final. If you execute a new will after filing for divorce but before the decree is entered, you must explicitly state whether provisions for your spouse should remain in effect.
What the Statute Does Not Cover
The critical limitation of CGS § 45a-257c is that it applies exclusively to wills. The statute does not automatically revoke:
- Life insurance beneficiary designations
- Retirement account beneficiaries (401k, IRA, pension)
- Transfer-on-death (TOD) account designations
- Payable-on-death (POD) bank accounts
- Revocable trust provisions in some circumstances
- Joint tenancy with right of survivorship
A 2026 bill (HB 5441) before the Connecticut General Assembly proposes expanding automatic revocation to include revocable trusts and non-probate transfers, but as of this writing, the legislation has not been enacted. Until then, you must manually update each of these designations to remove your former spouse.
Revival Upon Remarriage
If you remarry your former spouse, CGS § 45a-257c automatically revives any provisions that were revoked by the divorce. This revival occurs by operation of law and does not require you to execute a new will. However, if you want different provisions to apply after remarriage, you must execute a new will expressly stating your intentions.
The 7 Documents You Must Update After Your Connecticut Divorce
Estate planning after divorce in Connecticut requires updating seven core documents within 30 days of your final decree to ensure complete protection. Missing even one document can result in your ex-spouse inheriting assets or making critical decisions on your behalf. The average Connecticut resident spends $500 to $2,500 on post-divorce estate planning updates, depending on complexity.
1. Last Will and Testament
Despite the automatic revocation under CGS § 45a-257c, you should execute a new will within 30 days of your divorce. A new will allows you to name a new executor (typically a family member, trusted friend, or professional fiduciary), designate new beneficiaries for your assets, appoint guardians for minor children if your former spouse is not the first choice, and create specific bequests that reflect your changed circumstances. The cost to draft a new will in Connecticut ranges from $300 to $1,500 through an attorney or $50 to $150 using online services.
2. Revocable Living Trust
If you have a revocable living trust, you must amend or restate it after divorce. Unlike wills, Connecticut law does not conclusively provide automatic revocation for trust provisions benefiting a former spouse under all circumstances. Some sources indicate that CGS § 45a-257c may extend to revocable trusts, but this interpretation is not universally accepted. To eliminate any ambiguity, you should execute a trust amendment that removes your former spouse as beneficiary, successor trustee, and any other fiduciary role. The cost to amend a trust in Connecticut ranges from $500 to $2,000.
3. Financial Power of Attorney
Under CGS § 1-350i, your spouse's authority as your agent under a power of attorney automatically terminates when either party files for divorce, not when the divorce is finalized. This provides earlier protection than the will revocation statute. However, you should still execute a new power of attorney that names a successor agent who can manage your finances if you become incapacitated. Connecticut allows durable powers of attorney that remain effective even during incapacity, and you should ensure your new document includes this provision.
4. Healthcare Proxy (Appointment of Health Care Representative)
Connecticut law under CGS § 19a-579b automatically revokes your spouse's appointment as your healthcare representative upon the filing of divorce or legal separation. Your healthcare proxy becomes null as to your former spouse, but if you named a successor agent, that person automatically assumes authority. You should execute a new Appointment of Health Care Representative (Connecticut's term for a healthcare proxy) that names your preferred decision-maker for medical treatment, end-of-life care, and organ donation decisions.
5. Living Will (Health Care Instructions)
Your living will (also called health care instructions in Connecticut) specifies your wishes regarding life-sustaining treatment, artificial nutrition, and palliative care. While your living will does not name a decision-maker who would be affected by divorce, you should review and update this document to ensure it reflects your current wishes and coordinates with your new healthcare proxy.
6. Beneficiary Designations on Retirement Accounts
Connecticut law does not automatically revoke beneficiary designations on retirement accounts. You must manually contact each plan administrator to update beneficiaries on 401(k) plans, 403(b) accounts, individual retirement accounts (IRAs), pension plans, and deferred compensation plans. Under ERISA federal preemption rules established in Egelhoff v. Egelhoff, the beneficiary designation on file with the plan administrator controls, even if it contradicts your divorce decree or state law. This means your ex-spouse will receive your 401(k) if they remain the named beneficiary, regardless of what your divorce settlement says.
7. Life Insurance Beneficiary Designations
Life insurance policies require separate beneficiary updates after divorce. For individual policies not governed by ERISA, Connecticut's automatic revocation principles may apply, but you should not rely on this protection. For employer-sponsored group life insurance governed by ERISA, the named beneficiary designation controls absolutely. Contact your insurance company or employer's HR department within 30 days of your divorce to submit new beneficiary designation forms.
ERISA Preemption: Why Federal Law Overrides Your Divorce Decree
The Employee Retirement Income Security Act of 1974 (ERISA) governs most employer-sponsored retirement plans and group life insurance policies. Under the Supreme Court's decision in Egelhoff v. Egelhoff (2001), ERISA preempts state laws that automatically revoke beneficiary designations upon divorce. This federal preemption means that even if your Connecticut divorce decree awards your 401(k) to you alone, your ex-spouse will receive the account proceeds if they remain the named beneficiary when you die.
Which Accounts Are Subject to ERISA Preemption
| Account Type | ERISA Governed | Automatic Revocation Applies |
|---|---|---|
| Employer 401(k) | Yes | No - must manually change |
| Employer pension | Yes | No - must manually change |
| Employer group life insurance | Yes | No - must manually change |
| Individual IRA | No | Possibly - update anyway |
| Individual life insurance | No | Possibly - update anyway |
| 403(b) (some) | Varies | Depends on plan structure |
Protecting Yourself From ERISA Issues
To protect yourself from ERISA preemption problems, take three steps immediately after your divorce: First, request beneficiary change forms from every employer-sponsored plan within 7 days of your final decree. Second, complete and return the forms within 14 days. Third, request written confirmation that the beneficiary change has been processed. Keep copies of all forms and confirmation letters in a safe location separate from your estate planning documents.
Using QDROs to Divide Retirement Accounts in Connecticut
A Qualified Domestic Relations Order (QDRO) is a court order that directs a retirement plan administrator to divide a retirement account between divorcing spouses. Under Connecticut's equitable distribution rules, retirement accounts are marital property subject to division regardless of when contributions were made. Connecticut is an all-property state, meaning both premarital and marital portions of retirement accounts can be divided.
QDRO Requirements and Timeline
A QDRO must be approved by the court and accepted by the plan administrator before the division can occur. The typical timeline for QDRO processing is 60 to 120 days from submission. QDROs must include the name and last known mailing address of the participant and each alternate payee, the name of each plan to which the order applies, the dollar amount or percentage to be paid, and the number of payments or period to which the order applies.
QDRO vs. IRA Transfer
| Transfer Method | Applies To | Court Order Required | Processing Time |
|---|---|---|---|
| QDRO | 401(k), pension, 403(b) | Yes | 60-120 days |
| Transfer incident to divorce | IRA | No | 7-14 days |
IRAs do not require a QDRO. Instead, you can complete an IRA-to-IRA transfer incident to divorce by requesting the transfer directly from the IRA custodian. This transfer is tax-free and penalty-free when completed pursuant to a divorce decree and can be processed in as little as 7 to 14 days.
Connecticut Probate Court Fees for Estate Administration
Understanding Connecticut probate fees helps you plan for the cost of estate administration and motivates proper estate planning after divorce. Connecticut probate fees are calculated based on the gross taxable estate value, not a flat filing fee.
| Estate Value | Probate Fee |
|---|---|
| Under $10,000 | $25 |
| $10,000 - $40,000 | $50 |
| $40,001 - $500,000 | $150 + 0.35% of amount over $10,000 |
| $500,001 - $2,000,000 | $1,865 + 0.25% of amount over $500,000 |
| Over $2,000,000 | $5,615 + 0.5% of amount over $2,000,000 |
| Maximum fee | Approximately $40,000 |
Proper estate planning after divorce, including the use of revocable trusts and beneficiary designations, can reduce or eliminate probate fees by transferring assets outside of probate.
Timeline for Updating Estate Documents After Connecticut Divorce
Estate planning after divorce in Connecticut should follow a structured timeline to ensure all documents are updated before any assets could inadvertently pass to your former spouse. The 30-day window after your final decree is critical.
Days 1-7: Immediate Actions
Request beneficiary change forms from all retirement plan administrators and life insurance companies. Gather your current will, trust, power of attorney, and healthcare proxy documents. Contact an estate planning attorney to schedule a consultation. Review all financial accounts for TOD and POD designations.
Days 8-14: Document Execution
Execute your new will with proper Connecticut formalities (signature and two witnesses). Sign your new power of attorney with notarization. Execute your new healthcare proxy. Submit beneficiary change forms to all retirement plans and insurance companies.
Days 15-30: Confirmation and Filing
Obtain written confirmation of all beneficiary changes. File any trust amendments with your estate planning attorney. Update real property deeds if necessary. Review and update any existing digital asset provisions.
Ongoing: Annual Review
Review your estate plan every 3 to 5 years or after any major life event such as remarriage, birth of children or grandchildren, significant change in assets, move to another state, or change in health status.
Special Considerations for Connecticut Estate Planning
Connecticut Estate Tax Threshold
Connecticut is one of only 12 states that imposes its own estate tax separate from the federal estate tax. For 2026, Connecticut's estate tax threshold is $13.61 million, matching the federal exemption. However, Connecticut uses a graduated rate structure with rates ranging from 12% to 12% on estates exceeding the threshold. Proper post-divorce estate planning can help minimize estate tax exposure through trusts, lifetime gifts, and strategic beneficiary designations.
Joint Tenancy Property
If you owned property with your former spouse as joint tenants with right of survivorship, the divorce decree should have severed this joint tenancy. However, if the deed was not updated, your ex-spouse could still inherit the property upon your death. Review all real property deeds within 30 days of your divorce and record new deeds if necessary to reflect tenancy in common or sole ownership.
Digital Assets and Online Accounts
Connecticut adopted the Revised Uniform Fiduciary Access to Digital Assets Act under CGS § 45a-334a through § 45a-334p. Your estate plan should address access to email accounts, social media profiles, cryptocurrency wallets, and online financial accounts. Name a digital executor in your will and provide instructions for managing or deleting digital assets.