# Wills and Separation



## C-man (Oct 23, 2012)

I just thought of something. Our current will states that all assets will go to the surviving spouse.

Now that i am separated, I would hate to think of my stbxw getting everything if I were to be hit by a truck tomorrow. I am thinking it would be better to have my assets go into a trust fund for my daughters, administered by my siblings (whom I trust completely).

Have most people revised their wills during separation, or have you waited until divorce?

I know I have to see a lawyer about this now that I have thought about it - but wanted to get whatever feedback I can first.

Thanks in advance.


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## ImaBasketcase (Oct 9, 2012)

I revised mine when we started having troubles but before he officially moved out and we became separated. 

You can specify that X% of assets will go to your wife except in the case of separation or divorce, with separation meaning living in separate residences. Which means if you are separated and living in separate residences, she will get nothing and all of your assets will go to your kids (or whomever else you specify). 

The lawyer can help you with the phrasing. The separation clause is a fantastic addition to the will when you aren't 100% sure which direction your marriage is heading. It also doesn't "diss" your spouse entirely -- it's not like you are writing her out of the will completely -- only in the event of separation or divorce. If she comes around and you two reconcile, she's back in the will. 

I would do it now. Don't wait for a divorce. Divorces can take a really long time.


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## C-man (Oct 23, 2012)

ImaBasketcase said:


> I revised mine when we started having troubles but before he officially moved out and we became separated.
> 
> You can specify that X% of assets will go to your wife except in the case of separation or divorce, with separation meaning living in separate residences. Which means if you are separated and living in separate residences, she will get nothing and all of your assets will go to your kids (or whomever else you specify).
> 
> ...



Thanks - that's exactly the type of info I was hoping for. Just adding a clause seems like simple solution.

Thanks again.


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