The Divorcing Client’s Team: Why Roles Matter And Collaboration Is Not Optional
Divorce is not a single legal event. It is a multi-year financial,
At De Fonte Law PC, we pick up where your divorce lawyer leaves off. We help you build a new team of trusted advisors, update your health care directive and powers of attorney, and create a new will to disinherit your spouse to the extent permitted by ATROs and the law.
Divorce does not automatically change who can make decisions for you.
If you become incapacitated while your divorce is pending, your spouse may still be your agent under a power of attorney or your health care proxy unless you update those documents.
That can create confusion, conflict, and delays at exactly the wrong time.
We help you update your health care directive, powers of attorney, and create a new will so the right people are empowered to act for you if something unexpected happens before your divorce is final, all within the limits of the court’s orders.
Divorce often means starting over with advisors.
Many people going through divorce have not reviewed their insurance, financial planning, or tax strategy in years. Homes are frequently underinsured, umbrella coverage is missing, and life or disability insurance may no longer reflect reality as you transition to a single income and a single household.
We help you thoughtfully assemble a new team of trusted advisors, including insurance professionals, financial advisors, and tax professionals, so your planning supports your new life rather than relying on outdated assumptions.
During divorce, court orders limit what you can change and when. Some planning can move forward immediately, and some steps must wait.
We understand those boundaries.
Our work focuses on planning, not transferring assets or creating conflict. We coordinate carefully with your divorce lawyer, respect ATROs, and help you lay the groundwork so your estate plan can be completed properly when the time is right.
This approach protects you without complicating your divorce.
Yes. Divorce does not automatically update your estate plan. Until your divorce is finalized, your spouse may still be entitled to inherit property and may still have authority under existing documents. Updating your estate plan during divorce helps protect you if something unexpected happens before the process is complete.Â
If your health care directive or power of attorney still names your spouse, they may legally make medical or financial decisions for you. This can create serious problems during an active divorce. Updating incapacity documents early ensures the right person has authority to act on your behalf.Â
In many cases, yes, but only to the extent permitted by California’s Automatic Temporary Restraining Orders. You can usually create a new will and update incapacity documents, but certain asset transfers and beneficiary changes may be restricted. Careful planning is essential to stay compliant with court orders.
Automatic Temporary Restraining Orders, often called ATROs, go into effect when a divorce is filed. They limit how assets can be transferred and how certain beneficiary designations can be changed. ATROs do not prevent all estate planning, but they do require coordination and care to avoid violations.
Not immediately. Until a divorce judgment is entered, your spouse is generally still treated as your legal spouse. Some changes may occur automatically after divorce, but relying on those defaults can create confusion and unintended outcomes. Proactive planning is safer.
Yes. Divorce often exposes insurance gaps. Homes are frequently underinsured, umbrella coverage is missing, and life, disability, or long-term care insurance may no longer reflect your needs as a single person. Insurance planning is a critical but often overlooked part of divorce planning.
Often, yes. Estate planning during divorce requires specific knowledge of California divorce law and ATRO restrictions. A divorce-savvy estate planning attorney can work alongside your divorce lawyer to protect you without interfering with your case.
Estate planning during divorce protects you during the most uncertain phase. It helps ensure the right people can act for you, limits an ex-spouse’s role where permitted, and prevents emergencies that can derail your legal process or leave loved ones in difficult positions.
We’ve worked with Patricia and her team for several years now and I’m always impressed by their level of detail and streamlined process. They create a customized experience that helped us think through our estate plan from a financial, emotional, and legal perspective. I would highly recommend working with Patricia!
Abby S.
My wife and I enjoyed working with Nadya at DeFonte Law to create our trust. The firm’s approach was very easy for someone with limited legal and financial experience. They helped us thoroughly account for what we needed to protect out assets and family members while still keeping the process focused and timely.
Eric S.
Working with Wendy on my estate planning with De Fonte Law was a real gift. She is kind, compassionate and patient. It took extra time for me due to multiple injuries and setbacks and I found her to be very understanding and encouraging. It is a big relief to have this major undertaking close to completion. Thank you Wendy!
Susanne K.
Divorce is not a single legal event. It is a multi-year financial,
Most people think estate planning is for married couples, but single people
You just slip out the back, Jack Make a new plan, Stan