Legal Question in Family Law in Virginia

Re: re-marriage

In Virginia a divorce operates to revoke all will bequests made to the divorced spouse. The Virginia statute also operates in a similar manner to most nonprobate transfers like life insurance payments and some retirement benefit designations. However, some retirement plans are governed by federal law and the answer given above may differ depending on the type of plan and the terms of the plan. But you and your husband should still make efforts to redraft his will and possible draft one for yourself because it is always preferable to pass your assets to the ones you love in the manner you so desire as opposed to letting the government decide what you wanted. If your husband already has a will an attorney may be able to make minor changes to reflect the new situation at a reduced cost in addition he can look at the specific retirement plan to see what needs to be done if anything.