Wyoming divorce automatically revokes most provisions naming your former spouse under W.S. § 2-6-125, but this statutory protection has critical gaps that can cost your beneficiaries hundreds of thousands of dollars. The statute does not affect ERISA-governed retirement accounts like 401(k) plans, where federal law allows your ex-spouse to inherit despite your divorce decree. In 2026, the federal estate tax exemption is $15 million per person ($30 million for married couples using portability), and Wyoming imposes no state estate or inheritance tax. However, failing to update beneficiary designations within 30-60 days of your divorce decree can override your entire estate plan.
Key Facts: Estate Planning After Divorce in Wyoming
| Requirement | Details |
|---|---|
| Automatic Revocation Statute | W.S. § 2-6-125 |
| Probate Filing Fee | $160 base fee (includes $40 automation + $10 indigent services fee) |
| Divorce Filing Fee | $70-$160 depending on county |
| Residency Requirement | 60 days minimum under W.S. § 20-2-107 |
| Waiting Period | 20 days after filing under W.S. § 20-2-106 |
| State Estate Tax | None |
| State Inheritance Tax | None |
| Federal Estate Tax Exemption (2026) | $15 million per person |
| Small Estate Threshold | $400,000 (for deaths on/after July 1, 2025) |
As of June 2026. Verify current fees with your local clerk of court.
How Wyoming Law Automatically Revokes Ex-Spouse Provisions
Wyoming's revocation statute W.S. § 2-6-125 automatically treats your former spouse as having predeceased you for purposes of your will, trust, and most beneficiary designations upon entry of your divorce decree. This means any property left to your ex-spouse passes instead to your alternate beneficiaries or through intestate succession. The law also revokes nominations of your ex-spouse as executor, trustee, guardian, or conservator, and cancels any powers of appointment granted to them.
The automatic revocation extends to relatives of your former spouse who are no longer related to you after divorce. For example, if you named your former mother-in-law as a contingent beneficiary, that designation is also revoked. The statute defines these relatives as any person related to your former spouse by blood, adoption, or affinity who is no longer related to you after the divorce.
There are three critical exceptions where the automatic revocation does not apply. First, if your governing instrument expressly states that divorce should not affect the provisions for your ex-spouse. Second, if a court order relating to the division of the marital estate requires the disposition to your ex-spouse. Third, if a contract between you and your ex-spouse made before or after the marriage provides otherwise.
Why ERISA Retirement Accounts Require Immediate Action
ERISA-governed retirement plans including 401(k) plans, 403(b) plans, and pension plans are subject to federal preemption that overrides Wyoming's automatic revocation statute. The U.S. Supreme Court ruled in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009), that plan administrators must follow the beneficiary designation on file regardless of divorce decrees or state law revocation statutes. This means your ex-spouse will receive your 401(k) balance if you die without changing the beneficiary designation, even if your divorce decree awarded that account to you.
IRAs are not governed by ERISA and may be protected by Wyoming's W.S. § 2-6-125 revocation statute, though financial institutions often pay the named beneficiary regardless. The safest approach is to update all retirement account beneficiaries within 30 days of your divorce decree becoming final. Contact each plan administrator directly and submit new beneficiary designation forms naming your desired beneficiaries.
Qualified Domestic Relations Orders (QDROs) are required to divide ERISA-governed retirement accounts in divorce. The Wyoming Retirement System requires a QDRO signed by a judge to split your benefit between you and your former spouse. If your former spouse is awarded a percentage of your benefit, your monthly retirement benefit will be reduced for your lifetime.
Updating Your Will Within 60 Days of Divorce
While Wyoming's automatic revocation statute provides some protection, creating a new will after divorce is essential for three reasons. First, your alternate beneficiaries may no longer reflect your current wishes. Second, if you have no alternate beneficiaries named, your estate passes through intestate succession, which may not match your intentions. Third, you likely need to name new executors, trustees, and guardians for minor children.
Wyoming will requirements are straightforward. You must be at least 18 years old and of sound mind. Your will must be signed by you or by someone else at your direction and in your presence. Two witnesses must observe you sign or acknowledge the will, and both witnesses must sign the will. Wyoming recognizes holographic (handwritten) wills if the material provisions and signature are entirely in your handwriting, with no witness requirement.
Consider these updates when drafting your post-divorce will. Remove all references to your former spouse. Name new beneficiaries for all property previously designated to your ex-spouse. Appoint new executors and successor executors. If you have minor children, designate guardians and successor guardians. Create or update testamentary trusts for minor beneficiaries. Address specific bequests of property awarded to you in the divorce.
Life Insurance Beneficiary Changes After Divorce
Life insurance beneficiary designations require immediate attention because they pass outside of probate and may not be fully protected by Wyoming's revocation statute. Contact your insurance company within 30 days of your divorce decree and submit a new beneficiary designation form. Keep copies of all submitted forms and confirmation of receipt.
If your divorce decree requires you to maintain life insurance for your ex-spouse or children as part of child support or alimony obligations, you must name the required beneficiaries while complying with court orders. However, you can often designate a trust as beneficiary to control how and when funds are distributed to minor children, rather than naming your ex-spouse directly as trustee.
Group life insurance through your employer is particularly vulnerable because HR departments often fail to update records promptly. Request written confirmation that your beneficiary change has been processed and appears in your employee file. Review beneficiary designations annually during open enrollment to ensure accuracy.
Revocable Living Trust Modifications After Divorce
Wyoming's W.S. § 2-6-125 applies to revocable living trusts, automatically revoking provisions benefiting your former spouse upon divorce. However, relying solely on statutory protection is risky. Your trust document should be formally amended or restated to remove your ex-spouse as beneficiary, trustee, and any references to marital status.
Under W.S. § 4-10-602, you can revoke or amend a revocable trust by substantially complying with a method provided in the trust terms, or by a later will or codicil that expressly refers to the trust, or by any other method manifesting clear and convincing evidence of the settlor's intent. The simplest approach is executing a trust amendment that removes all references to your former spouse and names new successor trustees and beneficiaries.
If your trust holds title to your residence or other real property, ensure that deeds and title documents reflect your sole ownership after the divorce property division. Record new deeds with the county recorder's office as needed. Update the schedule of trust assets to reflect current holdings.
Power of Attorney and Health Care Directive Updates
Wyoming law provides some automatic protection for health care powers of attorney. Under W.S. § 35-22-404, a decree of divorce or annulment revokes a previous designation of a spouse as your health care agent unless otherwise specified in the decree or in the power of attorney document itself. However, financial powers of attorney require separate attention.
For financial powers of attorney in Wyoming, if your spouse is named as your agent, that designation automatically ends upon filing for divorce unless your power of attorney states otherwise. Your successor agent, if named, would then become your agent. If you did not name a successor agent, you have no agent and must execute a new power of attorney to designate one.
Execute new health care directives and financial powers of attorney within 30 days of your divorce. Name trusted family members or friends as your agents. Consider naming different people for health care and financial decisions based on their respective skills. Provide copies to your agents, your primary care physician, and your attorney.
Updating Beneficiary Designations on All Accounts
Beyond retirement accounts and life insurance, several other asset types pass by beneficiary designation and require immediate updates. Bank accounts with payable-on-death (POD) designations, brokerage accounts with transfer-on-death (TOD) designations, and health savings accounts (HSAs) all bypass your will and may not be fully protected by Wyoming's automatic revocation statute.
| Account Type | ERISA Protected | Wyoming Revocation Applies | Action Required |
|---|---|---|---|
| 401(k) | Yes | No (federal preemption) | Update within 30 days |
| 403(b) | Yes | No (federal preemption) | Update within 30 days |
| Pension | Yes | No (federal preemption) | Update within 30 days |
| IRA | No | Likely yes | Update within 30 days |
| Life Insurance | No | Likely yes | Update within 30 days |
| Bank POD | No | Likely yes | Update within 30 days |
| Brokerage TOD | No | Likely yes | Update within 30 days |
| HSA | No | Likely yes | Update within 30 days |
Contact each financial institution directly with a certified copy of your divorce decree and request beneficiary designation change forms. Complete and return forms promptly. Request written confirmation of all changes. Maintain records of all beneficiary updates in your estate planning file.
Probate Costs and Timeline in Wyoming
Wyoming probate fees are relatively low compared to other states. The base filing fee to open a probate case is $160, which includes the court filing fee of $110, a $40 judicial systems automation fee, and a $10 indigent civil legal services fee. Additional fees apply based on estate value: estates valued at $5,000 to $10,000 pay an additional $5, with $5 for each additional $10,000 or portion thereof.
Beyond court fees, probate expenses include publication of notice to creditors (approximately $100-$200), certified copies of court documents, real estate appraisals if needed, and potential court-ordered bond premiums. Personal representative fees in Wyoming typically follow a sliding scale: 10% of the first $1,000, 5% of the next $4,000, 3% of amounts between $5,000 and $20,000, and 2% of amounts above $20,000.
Wyoming offers simplified probate procedures for smaller estates. If the estate is valued at $400,000 or less (for deaths on or after July 1, 2025), you may qualify for small estate affidavit or summary distribution procedures that avoid formal probate entirely. This threshold increased significantly in 2025, allowing more estates to use expedited processes.
Estate Planning After Divorce Checklist for Wyoming
Complete these eight critical updates within 60 days of your divorce decree:
- Update all ERISA retirement account beneficiaries (401(k), 403(b), pension) within 30 days
- Change life insurance beneficiaries on all policies, including employer group coverage
- Execute a new will naming current beneficiaries, executors, and guardians
- Amend or restate your revocable living trust to remove ex-spouse references
- Execute new health care directives naming a new health care agent
- Execute a new financial power of attorney naming a new agent
- Update POD/TOD designations on bank and brokerage accounts
- Review and update title documents for real property transferred in divorce
Document each completed item with dates and retain copies of all submitted forms. Schedule an annual review of all estate planning documents to ensure they remain current.
Wyoming Divorce and Federal Estate Tax Considerations
Wyoming imposes no state estate tax or inheritance tax, making estate planning after divorce simpler from a state tax perspective. However, the federal estate tax applies to estates exceeding $15 million per person in 2026, with a top rate of 40% on amounts above the exemption. For married couples, portability allows the surviving spouse to use the deceased spouse's unused exemption, effectively doubling protection to $30 million.
After divorce, you lose the unlimited marital deduction that allowed tax-free transfers to your spouse. You also lose portability benefits. If your estate exceeds $15 million, work with an estate planning attorney to implement tax-minimizing strategies such as irrevocable life insurance trusts (ILITs), charitable remainder trusts, or qualified personal residence trusts.
Wyoming's dynasty trust laws allow wealthy families to establish trusts that last for 1,000 years, minimizing estate and generation-skipping transfer taxes across multiple generations. Combined with Wyoming's lack of state income tax and strong asset protection laws, these trusts can be valuable tools for high-net-worth individuals after divorce.
Frequently Asked Questions About Estate Planning After Divorce in Wyoming
Does Wyoming automatically remove my ex-spouse from my will after divorce?
Yes, Wyoming automatically revokes provisions benefiting your ex-spouse under W.S. § 2-6-125 upon entry of your divorce decree. The law treats your former spouse as having predeceased you for purposes of your will, trust, and most beneficiary designations. However, this protection does not apply to ERISA-governed retirement accounts, which require manual beneficiary updates.
Will my ex-spouse still inherit my 401(k) if I forget to change the beneficiary?
Yes, your ex-spouse will receive your 401(k) balance if named as beneficiary at your death. ERISA federal law preempts Wyoming's revocation statute under Kennedy v. Plan Administrator (2009). Plan administrators must pay the named beneficiary regardless of divorce decrees. Update beneficiaries within 30 days of your divorce becoming final.
How long do I have to update my estate plan after divorce in Wyoming?
You should complete all estate planning updates within 60 days of your divorce decree becoming final. However, retirement account beneficiaries should be changed within 30 days due to federal preemption concerns. Wyoming's 20-day waiting period under W.S. § 20-2-106 before your divorce becomes final gives you time to prepare documents in advance.
Does Wyoming have an estate tax that affects my post-divorce planning?
No, Wyoming has no state estate tax or inheritance tax. Only the federal estate tax applies to estates exceeding $15 million per person in 2026. Wyoming's tax-friendly environment, ranking first on the 2026 State Tax Competitiveness Index, makes it attractive for wealth preservation planning after divorce.
What happens to my health care power of attorney after divorce in Wyoming?
Under W.S. § 35-22-404, divorce automatically revokes your ex-spouse's designation as your health care agent. However, you should execute a new advance health care directive naming a trusted person as your agent. Wyoming requires either two witnesses or notarization under W.S. § 35-22-403(b).
Can my ex-spouse still serve as executor of my estate after divorce?
No, Wyoming's W.S. § 2-6-125 automatically revokes nominations of your ex-spouse as executor, trustee, conservator, or guardian upon divorce. Your successor executor, if named, would serve instead. If no successor was named, the court will appoint an administrator. Execute a new will naming your current choice of executor.
How much does probate cost in Wyoming?
Wyoming probate filing fees start at $160, including the $110 court fee, $40 automation fee, and $10 indigent services fee. Additional fees of $5 apply for estates valued at $5,000-$10,000, plus $5 per additional $10,000. Publication costs add $100-$200. Estates valued at $400,000 or less may avoid formal probate using small estate procedures.
What if my divorce decree says my ex-spouse gets certain assets?
Wyoming's automatic revocation statute does not apply if a court order relating to division of the marital estate requires the disposition to your ex-spouse. If your divorce decree awards your ex-spouse certain assets or requires you to maintain life insurance for child support, those provisions remain enforceable despite the general revocation rule.
Do I need a new trust after divorce or can I just amend it?
You can amend your existing revocable trust under W.S. § 4-10-602 rather than creating an entirely new trust. Execute a trust amendment removing all references to your ex-spouse, naming new trustees and beneficiaries, and updating the schedule of assets. For complex situations, a complete trust restatement may be cleaner.
How do I change beneficiaries on my IRA after divorce?
Contact your IRA custodian directly to request a beneficiary designation change form. Complete the form naming your new beneficiaries with their full names, Social Security numbers, dates of birth, and relationship to you. Return the form and request written confirmation. Unlike 401(k) plans, IRAs are not ERISA-governed and may be protected by Wyoming's revocation statute, but updating manually is strongly recommended.