Are Trust Funds Safe From Claims For Alimony or Child Support?

Are Trust Funds Safe From Claims For Alimony or Child Support?

Barry A. Nelson addresses the wild variance in how individual states handle the issue of protecting trust funds from claims for alimony or child support.

Parents who want a child’s inheritance to pass to a trust, rather than outright, often seek to prevent the child’s former spouse from reaching such assets in the event of divorce. Unfortunately, under the laws of some states, regardless of whether a trust has a spendthrift provision or is a discretionary trust (or both), a beneficiary’s children and/or a former spouse may have rights to reach trust assets that are otherwise protected f

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