QUESTION

Will I be able to get half of my spouse’s trust if we divorce?

Asked on Mar 15th, 2020 on Trusts and Estates - Ohio
More details to this question:
My spouse has a trust fund that was written after we got married. It’s divided equally among his adult kids & myself. Our home is the largest asset in the trust. If we divorce, am I entitled to half of the trust? We live in Ohio, married for 15 years.
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1 ANSWER

Family Law Attorney serving South Euclid, OH at N.P. Weiss Law
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This will depend on whether the trust is revocable, irrevocable, and whether your spouse is the grantor. If the trust is an irrevocable trust, then the beneficiary designations remain the same and the house remains property of the Trust.    You may have to seek to have the trust dissolved as part of the divorce in order to obtain any of the assets in it. This will be a difficult fight to convince the court that the Trust property should be considered marital property, as frequently it is placed in trust in order to avoid the property being considered marital property.
Answered on Apr 13th, 2020 at 7:38 AM

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