[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-145671-105":3,"detail-sidebar-cat-0-en-105":85,"doc-detail-145671-en":134},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":78,"head_meta":80,"extra_data":82,"updated_unix":84},105,"en","trust-issues-in-divorce-k-dean-kantaras-erin-grant","Trust Issues in Divorce - K. Dean Kantaras & Erin Grant","","Divorce can significantly affect trust assets, and eligibility for equitable division depends on multiple factors examined by the court. Key considerations include when the trust was created and funded, the source of the trust property, and the type of trust. Revocable trusts may be treated as the grantor’s control and thus subject to division, while irrevocable trusts can still be disputed if marital funds were used, both spouses benefited, or the trust was created to shield assets. Regular trust distributions can also influence spousal and child support, and Florida voidable transaction rules may void transfers intended to hinder a spouse.",{"@graph":14,"@context":77},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/healthcare/","Healthcare",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/trust-issues-in-divorce-k-dean-kantaras-erin-grant/145671/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/trust-issues-in-divorce-k-dean-kantaras-erin-grant/145671.png","ImageObject",300,407,{"name":42,"@type":43},"Emma Mercer","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-29","2026-08-26",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",10,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69,73],{"name":60,"@type":61,"acceptedAnswer":62},"法院在离婚中如何判断信托资产是否可分割？","Question",{"text":63,"@type":64},"法院会综合考察信托设立与出资时间、信托资产的来源以及信托类型等因素，以判断这些资产是否属于可分配范围。","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"在婚姻期间设立并出资的信托资产通常会怎样处理？",{"text":68,"@type":64},"若信托在婚姻期间设立并出资，分析会更复杂，尤其是资产在婚内获得或明显与双方有关时，可能更接近婚内财产。",{"name":70,"@type":61,"acceptedAnswer":71},"信托的分配会如何影响配偶抚养费和子女抚养费？",{"text":72,"@type":64},"若信托定期分配给受益人，通常会被计入收入，从而可能影响配偶抚养费的可得额度；子女抚养费相关的责任也可能通过对信托分配进行扣留来满足。",{"name":74,"@type":61,"acceptedAnswer":75},"如果一方为躲避配偶财产分配而提前转移资产，会发生什么？",{"text":76,"@type":64},"佛州在意图阻碍或欺诈配偶获得婚内财产的转移方面，可能依据《佛州统一可撤销交易法》将该类转移宣告可撤销，并在一定时间后予以撤销或调整对方获奖资产的数额。","https://schema.org",{"og:url":32,"og:type":79,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":81,"canonical":32},"index,follow",{"doc_id":83,"site_id":7},145671,1787727009,{"code":4,"msg":86,"data":87},"success",[88,92,96,100,105,110,114,119,124,127,130],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":89,"show_sort_weight":90,"slug":91},"Story & Novel",90,"story-novel",{"id":26,"doc_module":4,"doc_module_name":25,"category_name":93,"show_sort_weight":94,"slug":95},"Literature",80,"literature",{"id":33,"doc_module":4,"doc_module_name":25,"category_name":97,"show_sort_weight":98,"slug":99},"Exam",70,"exam",{"id":101,"doc_module":4,"doc_module_name":25,"category_name":102,"show_sort_weight":103,"slug":104},5,"Comic",60,"comic",{"id":106,"doc_module":4,"doc_module_name":25,"category_name":107,"show_sort_weight":108,"slug":109},6,"Technology",50,"technology",{"id":111,"doc_module":4,"doc_module_name":25,"category_name":29,"show_sort_weight":112,"slug":113},7,40,"healthcare",{"id":115,"doc_module":4,"doc_module_name":25,"category_name":116,"show_sort_weight":117,"slug":118},8,"Research & Report",30,"research-report",{"id":120,"doc_module":4,"doc_module_name":25,"category_name":121,"show_sort_weight":122,"slug":123},9,"Religion & Spirituality",20,"religion-spirituality",{"id":122,"doc_module":4,"doc_module_name":25,"category_name":125,"show_sort_weight":122,"slug":126},"World Cup","world-cup",{"id":55,"doc_module":4,"doc_module_name":25,"category_name":128,"show_sort_weight":55,"slug":129},"Lifestyle","lifestyle",{"id":131,"doc_module":4,"doc_module_name":25,"category_name":132,"show_sort_weight":101,"slug":133},19,"General","general",{"code":4,"msg":86,"data":135},{"doc_id":83,"user_id":136,"nickname":42,"user_avatar":137,"doc_module":4,"category_id":111,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":138,"file_id":139,"file_url":140,"file_type":141,"file_size":142,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":22,"language":143,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":144,"faqs":145,"seo_title":146,"seo_description":12,"update_tm":84,"read_time":30},962084925502,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Trust Issues in Divorce  \nBy K. Dean Kantaras & Erin Grant  \nI  \nf you fall into the eleven percent of people in the United States who hold assets in trust, and you are currently undergoing a marriage dissolution (or  \nanticipate one in the near future), you maybe wondering how the divorce will affect these trust assets. The answer, like any good attorney will tell you, is “it depends.”Though trusts do serve as a shield against creditors or other claims, including those ina divorce, they are not airtight, and there are factors that the court will examine to determine whether the trust assets are eligible for division between divorcing spouses. These factors include the timing of the trust’s creation, the source of the assets funding the trust, and the type of trust, among other factors.  \nOn the issue of timing, generally, trusts created and funded before the marriage are generally considered non-marital property. However, if the trust was created and funded during the marriage, this analysis becomes more complex, particularly if the assets were acquired during the marriage or clearly belonged to both spouses.  \nConsequently, the source of the trust funds will always be important when examining whether a trust’s assets are subject to distribution in a dissolution. While trusts funded with non-marital property, as well as trusts inherited by one party, tend to remain non-marital, trusts funded or otherwise “commingled”with marital property tend to fall under the category of marital assets subject to equitable distribution.  \nFurther, the type of trust will also affect whether the assets are considered distributable in a dissolution proceeding. For example, revocable trusts carry the least amount of protection; because the grantor retains control over the trust and its assets, the trust and its grantor are usually considered the same entity and consequently are subject to division. This can apply even if the other spouse’s name is not on the revocable trust. Conversely, assets in an irrevocable trust are much harder to include in a divorce, as the  \nK. Dean Kantaras, Esq.  \nindividual who placed assets into the trust is considered to have relinquished control and ownership of those assets. The assets are considered to belong to the trust and not to either spouse. However, even an irrevocable trust can later become subject to dispute if marital assets were used to fund the trust, if both spouses benefitted from the trust distributions, or if the court finds that the trust was created to shield assets from the other spouse during the dissolution.  \nFinally, regardless of the type of trust, if trust distributions were used for the benefit of both spouses, such as to cover joint expenses, to open a joint bank account, orto purchase a marital home, the court may consider this when determining how assets should be divided. The court may also look to whether the trust was managed jointly to determine whether its assets are marital. However, even if your trust remains separate when considering division of assets, it can still affect how the court determines spousal and child support obligations. If you receive regular  \ndistributions from your trust, this will be counted as part of your income and may reduce the total amount of spousal support you are eligible to receive. Additionally, distributions from a trust maybe garnished to satisfy child support responsibilities.  \nWith the protections of a trust available, if you’re contemplating divorce, does this mean you should rush to put your assets in an irrevocable trust to protect them in the impending dispute? Florida law resoundingly advises otherwise. Courts may examine whether trust was created with the intent of concealing or shielding assets from a spouse during a dissolution and will look to whether the transfers were seemingly made in anticipation of or in response to a dissolution. Under the Florida Uniform Voidable Transactions Act, transfers made with the intent to hinder or d","cbCaigGd5gUf7uoy","https://ap.wps.com/l/cbCaigGd5gUf7uoy","pdf",527345,"English","# Trusts and Divorce - Court Considerations\n## Timing and Funding Source\n## Commingling and Marital Character\n## Revocable vs. Irrevocable Trusts\n## Distributions, Support, and Joint Benefit\n## Florida Law and Voidable Transfers","[{\"question\":\"法院在离婚中如何判断信托资产是否可分割？\",\"answer\":\"法院会综合考察信托设立与出资时间、信托资产的来源以及信托类型等因素，以判断这些资产是否属于可分配范围。\"},{\"question\":\"在婚姻期间设立并出资的信托资产通常会怎样处理？\",\"answer\":\"若信托在婚姻期间设立并出资，分析会更复杂，尤其是资产在婚内获得或明显与双方有关时，可能更接近婚内财产。\"},{\"question\":\"信托的分配会如何影响配偶抚养费和子女抚养费？\",\"answer\":\"若信托定期分配给受益人，通常会被计入收入，从而可能影响配偶抚养费的可得额度；子女抚养费相关的责任也可能通过对信托分配进行扣留来满足。\"},{\"question\":\"如果一方为躲避配偶财产分配而提前转移资产，会发生什么？\",\"answer\":\"佛州在意图阻碍或欺诈配偶获得婚内财产的转移方面，可能依据《佛州统一可撤销交易法》将该类转移宣告可撤销，并在一定时间后予以撤销或调整对方获奖资产的数额。\"}]","Trust Issues in Divorce - K. Dean Kantaras & Erin Grant | PDF"]