However, this only applies upon final judgment. During the sometimes seemingly interminable period between filing and judgment, you’ll need to have acted to disinherit your spouse.
Finally, the ATRO does not prevent you from creating your own trust. But you may not transfer any assets into that trust until the divorce is finalized. Thus, also having a “pour-over will” will be important. Going through a divorce is a difficult process wherein much can seem out of your control. However, there are actions you can and should take immediately to ensure additional complications do not arise. Perhaps doing so can give you a much-needed sense of power.
Teresa J. Rhyne is an attorney practicing in estate planning and trust administration in Riverside and Paso Robles, CA. She is also the #1 New York Times bestselling author of “The Dog Lived ” and “Poppy in The Wild.” You can reach her at