Menu Contact
Law Offices of Lisa A. Ruggieri
Schedule A Consultation 781-489-3759

As a beneficiary, will my trust distributions be included in a divorce settlement?

When planning or during the early stages of the divorce process, it's critical to account for all assets either held jointly or in an individual spouse's name. Assets that may be included in a comprehensive list include pension, investment and retirement accounts as well as real estate, personal property, art collections and other types of family heirlooms.

Additionally, it's important to take into consideration that Massachusetts is among those states that do not necessarily distinguish between what is considered marital vs. separate property. Therefore, while assets that are gifted, inherited or held in a trust are almost always retained by an individual spouse in most states; in Massachusetts these types of assets are considered fair game in divorce proceedings.

In cases where one spouse is the beneficiary of a trust that was established by his or her grandparents or parents, the value of these assets may be considerable and can significantly impact the amount of a divorce settlement. For an individual who is the beneficiary of a trust and who wishes to protect a trust's assets from an ex-spouse, it's critical to seek the advice and assistance of an accomplished attorney. Likewise, for an individual who wants to ensure that a soon-to-be ex-spouse's trust assets are included in a divorce settlement, an attorney who handles high-asset divorces can assist.

Additionally, in cases where a couple plans to marry and one fiancé is the beneficiary of a trust, he or she can take steps to protect a trust's assets by establishing a prenuptial agreement. Likewise, in cases where an individual becomes a trust beneficiary after being wed, an attorney can assist in drafting a post-nuptial agreement to protect those assets.

Source: Forbes, "What Divorcing Women Need To Know About Protecting Third-Party Trusts," Jeff Landers, Oct. 8, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Our Law Firm

To make an appointment, call 781-489-3759 or send an email to schedule an initial consultation. We serve clients throughout the Boston area. Our firm can take your call 24 hours a day and meet with you during business hours, evenings and weekends. For your convenience, we accept Visa and MasterCard.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Location

27 Mica Lane, Suite 101
Wellesley, MA 02481

Phone: 781-489-3759
Phone: 781-239-8984
Fax: 781-239-8986
Wellesley Law Office Map

Law Offices of Lisa A. Ruggieri

Phone/Fax

781-489-3759 781-239-8986 - Fax