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Can a Trust or Inheritance be Divided in a Divorce?

It depends.

If you have no control over the trust or inheritance then the mere expectancy of it does not allow for a division in a divorce.  If you haven’t received the inheritance yet and simply is named in someone’s Will or Trust, and you cannot demand or force the payout of it, then it cannot be divided in a divorce.

If however, you have control over the disbursement of the trust or if you’ve already received the inheritance and can use it and spend it, then it might be subject to division in Massachusetts.  If the trust or inheritance was received relatively recent to the divorce, then chances are, it will not be subject to division because you and your spouse did not both enjoy the fruits of that inheritance for a substantial period of time during the marriage.  If however, the trust or inheritance was a significant part of you and your spouses’ standard of living during a large part of your marriage, then it is very likely it would be divided in a divorce.

Many of these situations differ on a case by case basis and as such, you should always consult with an experienced divorce attorney as to your specific facts.  Call us for a free phone consultation.

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