Separation can feel like one big, never-ending to-do list—sorting out living arrangements, finances, co-parenting, maybe even navigating family law proceedings. It’s overwhelming. But there’s one critical thing that often gets overlooked—your estate plan. Most people assume they’ll deal with it later, maybe after the divorce is final. But waiting is a huge risk. Right now, your ex might still have control over your finances, your medical decisions, and even your assets if something happens to you.Let’s talk about why this matters—and what you need to do right now to make sure your future is protected.

1. Your Ex Might Still Control Your Finances & Medical Decisions

You might assume that because you’ve separated, your ex is legally out of your affairs. But when it comes to estate planning, separation alone doesn’t automatically remove them from key legal roles.

Think about it:

Who has access to your bank accounts and financial decisions? If your ex is still your Enduring Power of Attorney, they could legally access accounts, transfer property, and even sell assets while you’re alive.

Who would make medical decisions for you? If they’re still listed as your Enduring Guardian (NSW) or Medical Decision Maker (QLD), they could have the final say on life-altering health choices if you’re incapacitated.

And here’s the kicker—if you haven’t updated these documents, they’re still valid even if you’ve been separated for months (or years).

What to do: Revoke any existing Enduring Power of Attorney or Enduring Guardianship (NSW) / Advance Health Directive (QLD) and appoint someone you trust.

2. Your Ex Might Still Inherit Everything

Here’s a scenario that plays out more often than you’d think:

A couple separates but doesn’t finalize their divorce. One of them passes away unexpectedly. Their assets? They legally still go to their ex (or a huge portion of them depending which State you are in!).

Why? Because in NSW and QLD, intestacy laws (the government’s default rules for people who die without a will) may still recognise your ex as your spouse.

Even if you do have a will, if you haven’t updated it, your ex might still be listed as a beneficiary or even as the executor, meaning they control how your estate is distributed.

What to do: Update your will immediately. If you don’t have one, now’s the time to make one—otherwise, the government decides who gets what.

3. Your Super & Life Insurance Could Still Go to Your Ex

Many people assume that if they update their will, everything is sorted—including their super and life insurance. But here’s the catch: your super and life insurance aren’t automatically covered by your will.

That means unless you’ve updated your beneficiary nominations, your ex could still receive a six- or seven-figure payout.

Super funds have discretion when deciding where your superannuation goes, and if your ex is still listed as your nominated beneficiary, they could argue they’re entitled to it—even if you’ve moved on.

What to do: Contact your super fund and insurer and change your beneficiary nominations. Make sure you complete a binding nomination so there’s no grey area.

4. If You Own Property with Your Ex, It Might Still Pass to Them Automatically

If you own a home with your ex as joint tenants, you might assume that when you die, your share will go to your kids or family.

But here’s the reality: joint tenancy means that if you die, your share automatically transfers to your ex—no matter what your will says.

The only way to prevent this? You need to sever the joint tenancy. This converts ownership to tenants in common, which allows you to leave your share to whoever you choose in your will.

What to do: Check your property title right now. If you own as joint tenants, take legal steps to sever the tenancy so you control where your share goes, even if you're still working through your financial settlement.

5. Should You Create a Joint Guardianship with Your Ex?

If you have young children, you probably assume your ex would take full custody if something happened to you. And in most cases, you’d be right.

Under the Family Law Act (1975), a surviving parent typically retains sole parental responsibility when the other parent passes away. But what if you want someone else to share decision-making?

A joint guardianship arrangement in your will could help:

Provide a second layer of decision-making – Your ex may have full parental responsibility, but a joint guardian can step in for important long-term decisions.

Cover issues like schooling and medical decisions – A second guardian could help make key decisions about your child’s future, not just their day-to-day care.

Ensures financial control stays with someone you trust – As well as appointing an independent executor, nominating a joint guardian can help oversee your child’s inheritance, so the money is used for their benefit (not your ex’s lifestyle).

What to do: Consider appointing a trusted family member or friend as a joint guardian in your will to ensure your children’s interests are fully protected.

6. Just Because You’re Divorced Doesn’t Mean You’re in the Clear

If your divorce is finalized, some aspects of your will may automatically be revoked—but not everything.

• Your will could become incomplete or intestate, meaning your estate isn’t distributed how you want.

• Your super and life insurance nominations might still be outdated.

• Your Enduring Power of Attorney and medical directive could still name your ex.

Divorce alone does not automatically update your entire estate plan. You still need to go through each part and ensure it reflects your new reality.

What to do: Once your divorce is final, double-check everything—your will, super, insurance, property ownership, and medical/legal decision-making documents.

Updating Your Estate Plan Doesn’t Have to Be Overwhelming

This might feel like a lot to take in, but here’s the good news: it’s easier than you think—and you don’t have to figure it out alone.

At Family First Estate Planning, we’ve made the process simple and stress-free:

• Book a free chat or initial consultation online

• Meet via Zoom from the comfort of your home

• Receive your updated documents digitally—ready to sign and secure

Book your free consultation now

Final Thoughts

Separation is a major turning point in your life, and your estate plan needs to reflect that. The last thing you want is for outdated documents to leave your ex in control of your finances, medical decisions, or inheritance meant for your kids.

Take action now, so you can move forward with peace of mind.

• Need help? Let’s sort it out together.

• Email: [email protected]

• Phone: 0455 123 060

Disclaimer: This article provides general advice only and does not consider your individual circumstances. Always seek professional legal advice tailored to your situation.