In short

Divorce does not automatically update a superannuation death benefit nomination, so an ex-spouse can still be paid unless you update it with your fund directly. Wills work differently: divorce generally revokes gifts to a former spouse, but separation alone doesn't, and marriage generally revokes an entire existing will unless made in contemplation of that marriage. Review your nomination, will, and power of attorney after any change.

Most people carry around a comforting assumption: that when a relationship ends or a new one begins, the paperwork sorts itself out. You divorce, and you assume your ex is written out of everything. You remarry, and you assume your existing will simply carries on. Neither is safe to rely on. A relationship change is one of the most common ways an estate plan quietly breaks — money reaching an ex, a new spouse accidentally left with nothing, or no valid will at all — because the documents don't automatically keep up, and, crucially, your super and your will follow different rules. Here's where the traps are, and what to check after any change in your circumstances. This article is general information only, not personal or legal advice.

Are your super and your will the same system?

This is the single most important thing to understand, because it's where people come unstuck. Your superannuation death benefit is generally not governed by your will. It's directed by the death benefit nomination you've lodged with your super fund, and that nomination follows its own rules, separate from the rest of your estate — the super fund's trustee decides who is paid, guided by the law and by the nomination you've made, not by whatever your will says (ASIC MoneySmart, https://moneysmart.gov.au/how-super-works/who-gets-your-super-if-you-die).

So when a relationship changes, you have two separate systems to update, and they don't behave the same way. Fix one and forget the other, and you can end up with exactly the outcome you were trying to avoid.

What is the trap with divorce and your super?

Here's the one that does real damage. A divorce does not automatically revoke or update the death benefit nomination you once made in favour of a former spouse. The law leaves that in your hands — the fund won't quietly rewrite it for you when your marriage ends. What happens after that depends on your fund's rules and on the type of nomination you made: in some cases a former spouse can still be paid, and in others the nomination becomes ineffective because an ex-spouse is generally no longer an eligible beneficiary under superannuation law at the date of death, in which case the benefit may fall to the trustee's discretion or to your estate (ASIC MoneySmart, https://moneysmart.gov.au/how-super-works/who-gets-your-super-if-you-die; ATO, https://www.ato.gov.au/individuals-and-families/super-for-individuals-and-families/super/withdrawing-and-using-your-super/superannuation-death-benefits). Either way, the result is unlikely to be the one you'd choose today — and because super is often one of the largest assets a person leaves behind, this is not a small oversight.

People assume divorce cancels everything. It doesn't touch your super nomination. There's a related trap worth knowing too: binding nominations commonly lapse after about three years unless you renew them, so even a nomination you were once happy with can quietly expire (see our companion piece on the three-year nomination expiry). The fix is simple once you know to look — contact each of your super funds directly and check, and update, exactly who your nomination points to.

What about divorce and your will — is it only partial?

Wills behave differently again. In most states and territories a formal divorce revokes, or partly revokes, any gift to a former spouse in your will, and cancels their appointment as your executor. That sounds reassuring, but there are two big holes in it, and because the precise rule differs from one state or territory to the next, it's not something to lean on blindly.

First, separation is not divorce. If you've separated but never formally divorced — common for couples who simply drift apart and never bother with the paperwork — your will generally still stands exactly as written. An old will can quietly leave everything to an estranged spouse you haven't spoken to in years. Second, ending a de facto relationship generally doesn't revoke a will either, so a will that benefits a former de facto partner keeps doing so until you change it. The safe course is not to rely on the law to tidy up after you: if a relationship has ended, update your will yourself rather than trusting that a divorce, or the lack of one, did the job (ASIC MoneySmart, https://moneysmart.gov.au/getting-divorced-or-separating/divorce-and-separation-financial-checklist).

Can marriage make your whole will vanish?

Now the counterintuitive one. In most states and territories, getting married generally revokes your existing will, unless that will was specifically made "in contemplation of marriage" — meaning it was drawn up with the coming marriage in mind and says so (ASIC MoneySmart, https://moneysmart.gov.au/plan-for-your-retirement/wills-and-powers-of-attorney).

The consequence catches people out. Someone who remarries and doesn't make a new will can find their old will has been wiped out by the marriage, leaving them with no valid will at all. That means dying intestate — with the estate distributed by a rigid statutory formula rather than according to their wishes. In a blended family that can be genuinely painful: the formula typically favours the current spouse and the deceased's children by a set division, and it's easy for children from a first marriage, or a long-term new partner's expectations, to end up very differently placed from what the person actually intended. (Our article on dying without a valid will explains how the intestacy formulas work.) If you've remarried, or you're about to, treat a new will as part of the wedding admin, not an optional extra.

What about a new de facto relationship?

Starting a new de facto relationship generally does not revoke your existing will. But that doesn't mean it changes nothing. A new partner you live with may, depending on the circumstances and how long you've been together, be able to bring a family provision claim against your estate if they feel inadequately provided for — regardless of what your will says. So a new serious relationship is another prompt to review your plan deliberately, rather than assume it's untouched.

Should you forget how your property is owned?

One more trap sits outside the will entirely. If you own a property (or a bank account) as joint tenants with someone — an ex-spouse, say — then on your death your share passes automatically to the other joint owner by survivorship, completely bypassing your will. Rewriting your will does nothing to change that. If you want your share to go to someone else, the joint tenancy generally has to be formally severed — converting it to a "tenants in common" arrangement — which is a separate step. This is easy to overlook when a couple separates but keeps a jointly owned property.

What do the worked examples show?

These show how the same relationship change plays out across the two separate systems. They are illustrative only, not personal advice.

Consider Robert, 64, who divorced Helen a decade ago and has since remarried Susan. When he divorced, Robert dutifully rewrote his will to leave everything to Susan and cut Helen out — and he reasonably assumed that dealt with it. What he never touched was the binding death benefit nomination sitting with his industry super fund, made years earlier in Helen's favour and holding the largest single asset he owns. On these facts the divorce did nothing to that nomination: depending on his fund's rules it could still direct a large sum toward Helen, or it could be treated as ineffective and paid at the trustee's discretion — but in neither case does it flow cleanly to Susan the way his will now intends (ASIC MoneySmart, https://moneysmart.gov.au/how-super-works/who-gets-your-super-if-you-die). On these facts it is generally rational for Robert to contact his fund directly, confirm the current nomination, and either lodge a fresh valid nomination naming Susan or direct the benefit to his estate so his will can govern it.

Now consider Margaret, 61, a widow with two adult children from her first marriage, who has just remarried David after several happy years together. Margaret has a will from her widowhood leaving her estate to her two children, and she assumes it still speaks for her. On these facts, in most states and territories her marriage to David automatically revoked that earlier will unless it was expressly made in contemplation of the marriage (ASIC MoneySmart, https://moneysmart.gov.au/plan-for-your-retirement/wills-and-powers-of-attorney). If she dies without making a new one, she dies intestate, and the statutory formula — which typically gives a substantial share to the surviving spouse — could leave David and her two children in a very different position from the one she pictured. On these facts it is generally rational for Margaret to see a solicitor and make a fresh will promptly, deciding deliberately how to provide for both David and her children rather than letting a formula decide for her.

What should you review after any relationship change?

The unifying lesson is simple: after any change in your relationships — divorce, separation, remarriage, a new de facto relationship, or the death of a partner — don't assume the law auto-corrects, because it does so inconsistently, and super and wills follow different rules. The place to start is your super death benefit nominations, which you should check and update with each fund directly, since divorce generally won't have done it for you. Then your will: make a new one, and check whether a marriage revoked your old one or a divorce only partly cleaned it up. Look, too, at your enduring power of attorney and guardianship, since you may no longer want an ex making your financial or medical decisions; at your life insurance beneficiary nominations, both inside and outside super; and at how your property and accounts are owned, joint tenancy versus tenants in common.

None of this is expensive to fix. It's expensive to ignore. Because the rules that govern wills on marriage and divorce vary from state to state, and because super sits under its own separate regime, the sensible move after any relationship change is to see a solicitor about your will and powers of attorney, and to confirm your death benefit nomination directly with your super fund. A short review now can spare your family a genuinely distressing outcome later.

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Key takeaways

  • Your superannuation death benefit nomination and your will are two separate systems — updating one doesn't update the other, and each follows different rules on divorce and remarriage.
  • Divorce does NOT automatically revoke or update a super death benefit nomination made in favour of a former spouse — you must contact your fund directly to update it.
  • In most states, divorce revokes gifts to a former spouse in your will, but separation without a formal divorce generally doesn't, and ending a de facto relationship generally doesn't either.
  • In most states, getting married generally revokes your entire existing will unless it was made "in contemplation of marriage" — remarrying without a new will can mean dying intestate.
  • Joint tenancy property passes automatically to the surviving joint owner regardless of what your will says — severing the joint tenancy is a separate step from updating your will.

Frequently asked questions

Does divorce automatically remove my ex-spouse from my super death benefit nomination?

No. A divorce does not automatically revoke or update a death benefit nomination made in favour of a former spouse. What happens depends on your fund's rules and the type of nomination — in some cases the former spouse can still be paid, in others the nomination becomes ineffective. Either way, you need to contact your fund directly to update it.

Does divorce revoke my will in Australia?

In most states and territories, a formal divorce revokes or partly revokes any gift to a former spouse in your will and cancels their appointment as executor. But separation without an actual divorce generally doesn't have this effect, and ending a de facto relationship generally doesn't revoke a will either.

Does getting married cancel my existing will?

In most states and territories, yes — marriage generally revokes an existing will, unless it was specifically made "in contemplation of marriage." Someone who remarries without making a new will can end up with no valid will at all, meaning their estate is distributed by a rigid statutory formula rather than their actual wishes.

What should I review after a relationship change?

Check and update your super death benefit nominations directly with each fund, make or update your will, review your enduring power of attorney and guardianship, check life insurance beneficiary nominations, and consider how property and accounts are owned — joint tenancy passes automatically to a surviving joint owner regardless of what your will says.

A note on advice. This article is general information only and doesn't account for your personal circumstances. Everyone's situation is different — before acting, it's worth talking it through with a licensed adviser who knows your full picture.