Oftentimes, individuals who are the beneficiaries to trusts do not obtain a prenuptial agreement (a “prenup”) out of a belief that their trust should protect their assets in the event of a divorce. In New York, assets held in trusts established and funded by a third-party for the benefit of a spouse are excluded from the marital property estate; however, if the beneficiary has access to a discretionary trust during the marriage, certain issues may still arise in a divorce.

For individuals entitled to considerable family wealth, there are important factors to consider in the divorce process. Income or distributions received from a trust may be considered in calculating both child support and spousal maintenance (aka “alimony”).