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The separation agreement should have the following provisions regarding estate matters: you should discuss with your divorce lawyer or estate planning lawyer the impact of your divorce or separation on your will, power of attorney, life insurance, 401K and other property rights. Be sure to take the necessary steps to ensure that the property you own at the time of your death ends up in the hands of loved ones you wish you had accumulated over your lifetime. The husband also argued that marital support was a personal right that could not move to an estate. .