What happens to gifts made in favor of a former spouse upon divorce in Georgia?

In Georgia, the general rule concerning gifts made in favor of a former spouse is that they are automatically void upon divorce. This principle is embedded in the state's laws that aim to reflect the intent of the testator (the person who made the will) that a former spouse should not benefit from the will after a divorce has taken place.

This means that if an individual made a gift to their spouse and subsequently got divorced, that gift is no longer valid and does not need to be expressly revoked in the will to be considered void. The law operates under the assumption that any provisions in a will that confer benefits to a former spouse are made under the assumption of marriage, and divorce fundamentally alters that assumption.

Understanding that gifts to a former spouse are void automatically highlights the importance of reviewing and updating estate planning documents following significant life changes, such as divorce. Many jurisdictions, including Georgia, seek to protect the intent of individuals regarding who should inherit their assets by implementing such rules.