The Eroding Protection of Trusts in Divorce

Overview

It has always been the case that courts could consider resources available to one spouse from a trust in deciding how to divide marital property or whether to award maintenance. However, there are trends in several states to make trusts a larger part of the process of dividing assets in a divorce. Because of these trends, it is not necessarily enough just to have a trust. The type of trust can make a difference.

Advisor Thinking