A living trust helps you control how your assets pass to loved ones. But what happens when your personal life changes through divorce, remarriage, or blending families?

Many people set up a trust once and never revisit it, even after major life events. That can leave your children unprotected, your spouse vulnerable, or your wishes completely undermined. In Ohio, reviewing and updating your trust after divorce or remarriage is essential.

Divorce and the Fate of Your Trust

In Ohio, when a marriage ends, most provisions in a living trust that benefit a spouse are revoked by law. The law treats the ex-spouse as if they predeceased the grantor and revokes any gift to them, any general or special power of appointment in their favor, and any nomination of the ex as trustee or trust advisor.

This matters because it means your former spouse does not automatically inherit through the trust and does not keep control as trustee or successor trustee after divorce, absent contrary language in the documents. If you later remarry the same person (or terminate the separation agreement), those revocations do not apply.

You should still update your plan. The statute does not rewrite every coordination detail, and it applies to trusts where the grantor kept the power to amend or revoke. Consider naming new fiduciaries, confirming backup plans for minor children, and aligning your will, powers of attorney, and beneficiary designations with your post-divorce intent.

By revising your documents promptly, you can ensure assets pass directly to your children or a trustee you trust to act in their best interests.

Remarriage and Blended Families

So, is a trust affected by a remarriage? Absolutely. In fact, remarriage often complicates estate planning more than divorce.

A new marriage can create competing interests between your new spouse and your children from a prior relationship. Without careful planning, your assets could unintentionally bypass your children or cause friction within the family.

Updating your trust allows you to set clear boundaries. You can provide for your spouse while preserving specific assets for your children. Some people create separate trusts or use tools like marital trusts and QTIP trusts to balance both priorities. The key is being intentional. A trust written before your remarriage probably won’t reflect your current wishes or protect everyone involved.

In blended families, avoiding conflict requires clarity. If you leave vague instructions, disputes among your new spouse, biological children, and stepchildren are almost guaranteed. By addressing these issues through a carefully revised trust, you minimize stress and protect your legacy.

Protecting Children and Assets After Major Life Changes

Trusts are powerful tools but they don’t adapt to your life automatically. You should always treat your trust like a living document, but especially if you’ve gone through divorce, remarriage, or both. In fact, your trust should be reviewed and potentially updated at least annually, even if you don’t have any major life changes. Think of it as a safeguard for your loved ones during times of transition.

Updating your trust ensures:

• Children are protected. You can direct assets to them immediately or set conditions, so their inheritance is not at risk of being diverted.
• Your new spouse is treated fairly. A well-drafted trust can provide support while ensuring your children are not disinherited.
• Your trustee reflects your current wishes. You can appoint someone you trust to manage assets instead of leaving control with someone no longer aligned with your goals.

Many Ohio families delay updating their trust because it feels uncomfortable or because they assume it’s already taken care of. Unfortunately, this inaction often causes more pain for the very people they want to protect.

Take the Next Step

Divorce and remarriage are major life events. Your living trust should reflect those changes. At Legacy Law Group, we help Ohio families review, update, and restructure trusts so they continue to serve their intended purpose: protecting loved ones and preserving assets.

If you’ve recently gone through divorce or remarriage—or if it’s been years since you reviewed your trust—now is the time to act. Contact our office today to schedule a consultation and make sure your trust still reflects your life and your wishes.