While in the Divorce Process, if I am Named a Beneficiary in a Will Does My Spouse Have a Claim?

There is a substantial difference between receiving assets distributed from a Will, and being named as a potential future beneficiary in a Will — as well as how that distinction is treated legally.

Until an asset is transferred, a person does not have ownership interest, and thus an outside claim cannot be made against a “future asset” that may or may not have an undetermined value (or even be distributed at all once the final debts of the estate are settled).

Either way, you may wish to review Standard Legal’s No-Fault Divorce legal forms software package to simply and affordably finalize the divorce process.