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Why You Need Estate Planning Help When Getting Divorced

Should You Hire an Estate Planning Attorney for Your Divorce?

If you are a middle-aged or older adult, chances are you have carefully planned for your future. If you are married, this generally involves planning for your spouse as well. You have likely created a will and established a trust to protect your assets and property after the death of you and your spouse. You may have even made decisions about who will care for your children if you have them, should something happen to both you and your spouse before your children reach the age of 18. Together, you and your spouse have likely purchased insurance policies that protect your family in the event of your disability or death. However, you might not have planned for divorce.

Getting a divorce means you will probably need to make several changes to your estate plan, especially if you have or will have another spouse. Should this be done with the help of a dedicated estate planning lawyer? Here’s what you need to know.

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Divorce Preparation Versus Estate Planning

Usually, when a marriage comes to an end after divorce, this occurs with the finalization of a divorce settlement. Also called a divorce decree, a marital settlement agreement outlines how assets and property will be distributed to each spouse and if the couple shares children, the decree will make provisions for physically and financially providing for those children, aka child custody and child support.

Your divorce decree will address critical issues pertaining to the division of assets, whether spousal support will be paid, which spouse gets primary physical and legal custody of the children, and which parent will be afforded visitation. Your divorce settlement will likely not address other important issues such as your spouse being in charge of making medical decisions for you if you become incapacitated, or who gets your life insurance benefits should you pass away. These are critical considerations that can significantly impact your future and the future of your family.

Do You Need Both a Divorce Lawyer & an Estate Planning Attorney?

Legal assistance, especially during a divorce, can be expensive. You may be wondering if you actually need to hire both a Long Island divorce lawyer and an estate planning attorney, or if your divorce lawyer can help you take care of everything.
In most cases, it’s going to be to your benefit to have both types of attorneys assisting with your case. An estate planning attorney cannot help you draft or finalize a New York divorce decree.

A divorce lawyer can only provide you with limited guidance regarding your estate, while a dedicated estate planning attorney can help you with every step of the complex process of updating your will and renaming beneficiaries on your life insurance policies and retirement accounts, etc. In almost all cases of a divorce involving significant assets and property, your best interests will be served by working with both an estate planning lawyer and an experienced New York divorce attorney.

Additionally, if you work with both an estate planning lawyer and a divorce attorney, these two key figures can work together to ensure there are no gaps or loose ends that could potentially have a negative impact on you in the future. These professionals can assist each other to ensure that your divorce decree and your estate plan are ironed out in a way that creates contingency plans that better fit your life post-divorce. Both your estate plan and your divorce settlement should align with one another, and your lawyers can work with each other to update paperwork and beneficiary designations to reflect both your new estate plan and divorce decree in a coordinated way.

For more information about Estate Planning During and After Your Divorce click here.

Contact Hornberger & Verbitsky, P.C. Today for Long Island Divorce Help

If you are considering the option of getting a divorce but are concerned about your estate plan, or you’ve already started the process of dissolving your marriage, don’t hesitate to get in touch with an experienced Long Island divorce attorney that can assist you along the way. At Hornberger Verbitsky, P.C., we understand how challenging it can be to both separate from your spouse and manage your assets, retirement accounts, and life insurance policies. We can help. Contact us today for a consultation to discuss your needs by dialing 631-923-1910 or fill in the short form on this page.

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At your meeting, your attorney will describe the many options available and determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

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There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below to schedule your free consultation and case evaluation.

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Divorce Lawyer Long Island New York
Google Review of divorce longisland
Janine Keleghan
Janine Keleghan
00:01 20 Nov 22
From the minute my now x-husband and I met with Robert, we both felt comfortable and confident that he and his firm were a great fit for our "gray divorce". Divorce is unsettling but the firm and the confidence, consideration and responsiveness made this very challenging time much easier to navigate. I am grateful for the whole team at Hornberger Verbitsky. Reasonable competent and fair to both my "x" and I. I would not hesitate to recommend them to anyone needing legal representation. Patty is also the "bomb" she was always kind and patient with me, which was a blessing during this very difficult life changing time.
Darlene Iglio
Darlene Iglio
15:27 30 Jul 22
Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email, even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.

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