Divorce is never easy, and neither are the legal implications that follow, especially when it comes to inheritance. Many Australians aged 45–70 are shocked to discover that their former spouse might still have a legal claim to their estate. If you’re wondering how divorce affects your will, or how to prevent an ex from inheriting your assets, keep reading. Legal Finda breaks down the topic of ex-spouse inheritance rights after divorce in Australia clearly and simply so you can make informed, confident decisions.
Why Ex-Spouse Inheritance Rights After Divorce Matter Now More Than Ever
In Australia, the over-45 age group is the fastest-growing segment to experience divorce. According to the Australian Bureau of Statistics, nearly 30% of divorces in 2023 involved couples who had been married for over 20 years. As more individuals enter second marriages, start de facto partnerships, or choose to remain single, estate planning issues—particularly around ex-spouse inheritance rights after divorce in Australia—have become increasingly important.
Failing to update your estate plan after a divorce can leave your assets vulnerable to unintended claims. Understanding how divorce impacts your will and estate is essential if you want to protect your legacy and your loved ones’ futures.
What Happens to a Will After Divorce?
Many people assume that a divorce completely severs legal ties—including any inheritance arrangements. However, that assumption can lead to serious consequences.
Under Australian succession law, divorce usually revokes any clause in your will that benefits your former spouse. This includes:
- Gifts left to your ex-partner
- Appointments of your ex as executor or trustee
But that doesn’t mean your ex automatically loses all legal rights to your estate. If you don’t create a new will after your divorce, certain sections of your old will may remain in force, creating confusion or partial intestacy (where some parts of your estate are distributed according to default intestacy rules).
Can an Ex-Spouse Inherit After Divorce in Australia?
One of the most frequently asked questions is: Can an ex-spouse inherit after divorce in Australia?
The short answer is: Yes, in certain circumstances.
Divorce revokes specific provisions in a will—particularly those related to gifts and roles for the former spouse. But it does not revoke the entire will, and if you die intestate (without a valid will), your ex may still be able to claim a share of your estate.
This brings us to the core of the issue: understanding ex-spouse inheritance rights after divorce Australia, especially under Family Provision Laws.
Family Provision Claims: How Exes Can Still Claim
Even if your will explicitly excludes your former spouse, they may still be able to contest it under family provision legislation in most Australian states and territories. These laws allow certain individuals—including ex-spouses—to make a claim on an estate if they believe they were not adequately provided for.
To succeed, the ex-spouse must typically prove:
- They were financially dependent on you at the time of your death.
- They made significant contributions to your estate (e.g., through unpaid work or financial support).
- You had a moral or legal obligation to continue providing for them.
For example, if your divorce did not include a complete financial settlement, or if your ex was still receiving spousal maintenance at the time of your death, they could make a legitimate claim.
Real Case Example
Mary, a 66-year-old from Brisbane, assumed her divorce settlement ended all obligations to her ex-husband, David. However, she never updated her will. David successfully made a Family Provision Claim, arguing he had ongoing financial reliance. As a result, Mary’s children received only half of their intended inheritance.
Lesson learned: Ending a marriage is not the same as ending legal exposure to an ex.
How to Prevent an Ex from Inheriting Your Assets?
To truly protect your estate, you need to take clear, proactive legal steps beyond just finalising a divorce.
Here’s what to do:
1. Update Your Will Immediately
Once your divorce is final, make creating a new will a priority. The old one may still leave assets vulnerable to claims, especially if it doesn’t address your changed family situation.
2. Revoke Enduring Powers of Attorney
Your ex may still be listed as your Power of Attorney or guardian in medical decisions. These legal documents must be updated separately from your will.
3. Change Superannuation Beneficiaries
Your superannuation does not automatically fall under your will unless you’ve made a binding nomination. Contact your fund directly and update the nomination to exclude your ex.
4. Sever Joint Tenancy Arrangements
If you jointly own property with your former spouse as joint tenants, they automatically inherit your share when you die. You’ll need to change the ownership structure to tenants in common to prevent this.
5. Consult an Estate Lawyer
DIY estate planning after a divorce is risky. An experienced solicitor can ensure you’ve addressed all potential risks associated with ex-spouse inheritance rights after divorce Australia, including blended family considerations and financial settlements.
Common Mistakes After Divorce That Put Estates at Risk
Many Australians unintentionally leave their estates open to challenge. Here are common post-divorce mistakes:
- Not updating your will at all
- Leaving outdated beneficiary nominations on super or insurance
- Assuming divorce ends all financial obligations
- Not formalising property settlements
Each of these can increase the likelihood that an ex-spouse will have a valid legal avenue to claim a portion of your estate.
What About De Facto Relationships?
Even if you were never formally married, a former de facto partner may still have rights under family provision laws—especially if:
- You lived together for two years or more
- You had children together
- You were financially interdependent
This means that understanding ex-spouse inheritance rights after divorce Australia applies equally to those ending de facto relationships. Don’t assume informality means immunity.
Blended Families and Second Marriages
Things get even more complex when you remarry or form a new de facto relationship. Your new spouse and your children from a previous relationship may have competing claims.
If your estate plan isn’t updated to reflect your blended family, you could unintentionally disinherit someone important or leave your loved ones in legal battles.
A carefully drafted will that acknowledges all parties—and their rights—is the best way to ensure fairness and clarity.
Key Takeaways: Ex-Spouse Inheritance Rights After Divorce Australia
Let’s summarise the essentials you need to know:
- Divorce automatically cancels direct gifts or roles given to a former spouse in a will — but not the entire will.
- Ex-spouses may still claim your estate under family provision laws.
- To fully prevent unwanted inheritance claims, update your will, super, and legal documents.
- Blended families and second marriages require careful estate planning.
- Legal advice is essential to protect your assets and intentions.
Final Thoughts
Failing to update your estate plan after a divorce is one of the most common—and costly—mistakes Australians make. Don’t assume legal ties are cut just because the marriage ends. Ex-spouse inheritance rights after divorce Australia are governed by complex legislation that varies by state, and any oversight could lead to unwanted outcomes.
At Legal Finda, we connect you with experienced estate lawyers who specialise in wills and inheritance law across Australia. Whether you’re recently divorced, remarried, or simply want to protect your family’s future, we’re here to guide you through every step.
Book a consultation with Legal Finda today to review or update your will. Let’s make sure your estate plan reflects your life now—not your past.
.png)
