A divorce brings not only emotional but also significant financial changes. Especially when real estate, shares, or savings are involved, it’s wise to reassess your estate planning. This involves reorganizing and documenting your assets and wishes to ensure they align with your new circumstances. After all, you want your assets to go to the people you truly wish to benefit.  

 1. From Separate to Community Property, and Back  
In some cases, ex-partners can temporarily adjust their marital regime before the divorce. For example, moving from separate property to community property. This can provide tax advantages, as certain tax rules are more favorable for partners married under community property. After this adjustment, everything can be divided again, allowing one partner to take ownership of, for example, the house or specific bank accounts.  

 2. Dividing the Home with a Mortgage  
If one partner wishes to remain in the home, it’s possible to allocate the property to that partner. The staying partner takes over the mortgage (if applicable) and pays the other partner their share of the current equity. This is a practical solution for someone who truly feels at home and prefers not to move.  

 3. Sell Everything and Split the Proceeds  
A simpler alternative is to sell everything and divide the money evenly. The house, business, car—whatever you agree upon. This prevents one partner from being left with complex property ownership and allows both to make a fresh financial start.  

 4. Compensation for Cooperation  
If your soon-to-be ex-partner contributes to the business, you can add them to the payroll (if not already done) and pay them a salary through the company.  

 5. Review Your Entire Estate Plan  
Beyond asset division, it’s essential to reassess your entire estate plan. Consider the following:  
– Update Your Will: Do you still want your ex-partner included in your will? Likely not. Update it to ensure your assets go to your children or other loved ones.  
– Revise Beneficiaries: Have you listed your ex-partner as a beneficiary for your pension or life insurance? Time for an update! Beneficiaries take precedence over your will.  
– Trusts for Children: If you’ve established trusts for your children, review them for necessary changes, especially if your ex-partner was involved.  
– Guardianship Arrangements: If you have minor children, decide who should become their guardian if you pass away. This is particularly important if you prefer someone other than your ex.  
– Custody of Assets: You may prefer that your ex-partner does not manage the assets intended for your minor children.  
– Power of Attorney Updates: If your ex-partner was previously authorized to make financial or medical decisions for you (e.g., through a living will), you might now want to designate someone else.  
– Tax Planning: Divorce can change your tax status, which may affect the inheritance you leave behind. A consultation with an expert can provide clarity and ensure your estate is well-protected.  

 In Conclusion  
Estate planning after a divorce is a process filled with decisions, enabling you to secure the future for yourself and the people you care about. Consider hiring an advisor to make the process smoother and ensure nothing is overlooked.  

Mr. Enrico van der Meij  
enrico@estateplanningcur.com  
Enrico van der Meij is a specialist in estate planning and can answer questions, provide advice, and draft documents in the areas of personal, family, inheritance law, and inheritance taxation.