How is a will affected by subsequent marriage or divorce?
In Idaho, a will is not affected by a subsequent marriage. However, a spouse, and children born after the will is executed, may have some rights under Idaho’s law regarding an omitted spouse and pretermitted children. A divorce will automatically revoke the provisions of the will that pertain to your former spouse, but it does not affect other provisions of the will. Therefore, provisions benefitting family members of your former spouse would remain in force. However, a former spouse may still receive property under a beneficiary designation that was never changed after a divorce. For example, a former spouse named as the primary beneficiary of a life insurance policy, and never changed after a divorce, may still receive the death benefit proceeds from the policy.
