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Bronx & Westchester Estate Planning > Blog > Estate Planning > What Does Divorce Monday Have to Do With Your Estate Plan?

What Does Divorce Monday Have to Do With Your Estate Plan?

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Perhaps you have heard the news that the first business Monday of the year is Divorce Monday, the day when more people file divorce petitions and contact divorce lawyers than any other day of the year. What does that have to do with you? You and your spouse have been together for decades, through thick and thin and have raised children and spoiled grandchildren together, and you are determined to stay together for the rest of your lives. In another scenario, you are widowed and have no intention of remarrying. In either case, the first business Monday of the year has already passed for 2026, so Divorce Monday has fallen off the news cycle for this year, along with the New Year’s resolutions of most people younger than you. Even though, at first glance, Divorce Monday seems unrelated to your estate plan, it might affect your estate planning New Year’s resolutions in several important ways. For help updating your estate plan now that the family courts have just received a flurry of new divorce petitions, contact a Bronx estate planning lawyer.

One of the Beneficiaries of Your Will Might Be Going Through a Major Life Change

If you resolved to update your will and other estate planning documents at the beginning of 2026, this was a wise move. It is always a good idea to review your estate planning documents if it has been a year or more since you have done so. Knowing what you know about Divorce Monday, it might be a good idea to wait until February, when the dust has settled, before you update your will or the revocable trust of your trust instrument. If one of the beneficiaries of your will has a strained relationship with his or her spouse or in-laws, this beneficiary might receive a surprise divorce petition in January. A family member going through a divorce is more likely to need financial help from parents or grandparents. Of course, no one likes nosy questions from parents about whether they finally filed for divorce from their cheating, jealous, or otherwise troublesome spouse. Instead, ask the beneficiaries of your will or trust about their financial situation in general terms, and then update your will or revocable trust instrument accordingly after Valentine’s Day has come and gone.

Choose a Lawyer Who Only Works on Estate Planning Cases

Just as Divorce Monday doesn’t concern you but it does concern unhappily married couples, it also concerns lawyers who work on family law cases. Consulting a lawyer about drafting new estate planning documents or revising existing ones is a good idea, but hiring a lawyer who practices “door law” is a bad idea. “Door law” is when a law firm is willing to represent any client who walks through the door. You should hire an estate planning lawyer this January, because the door lawyers will be busy with divorce cases.

Schedule a Confidential Consultation With a Bronx Estate Planning Attorney

A probate lawyer can help you keep your New Year’s resolution to update your estate planning documents.  Contact Cavallo & Cavallo in the Bronx, New York to set up a consultation.

Source:

wtol.com/article/life/why-is-jan-6-called-divorce-day/512-c61f8e6b-9a17-4315-add0-7e1dc58cc849