Ordway Law Group, LLC
Ordway Law Group, LLC
Divorce & Family Law

What happens to trust assets during the divorce?

On Behalf of | Jun 13, 2024 | High-asset Divorce, Property Division |

Property division is a typical part of the divorce process, which can be straightforward in theory. This step can be severely complex based on the assets you own separately and with your former spouse. Legal technicalities can sometimes get in the way, mainly if they involve high-value properties with legal complications, such as a trust.

If you are a trust beneficiary, you may feel your share of it is safe during divorce. That could be true in some situations, but it might be subject to property division, depending on the circumstances.

State law plays a crucial role in these scenarios, but the trust’s arrangement and accompanying documents can impact whether your former spouse would receive part of your share. It can happen if the following conditions exist:

  • You allowed marital properties to comingle with assets within the trust.
  • You transferred some of the assets under your former spouse’s name.

By committing these actions, your share of the trust can be part of the property division. Still, it may depend on the trust’s paperwork. Sometimes, these arrangements can include certain statements that may protect them or make them vulnerable during the divorce. The technicalities can become too elaborate and intricate to tackle alone, potentially warranting legal guidance.

Understanding what happens to high-value assets during divorce

Divorce can be overwhelming, but it can be more challenging when it involves high-value assets. Aside from trusts, you may have belongings that are usually separate and then become subject to property division because of other factors or circumstances. If you are facing a similar situation, you could seek legal counsel to address issues and misunderstandings. Experienced advice could also help you determine ways to resolve various property-related matters.

Ordway Law Group, LLC – A Reputation For Excellence In Resolving Complex Divorces


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