Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Practice Areas

Divorce and trusts

Individuals who are beneficiaries of a trust set up by their parents or other parties and who are getting divorced may be concerned if their soon-to-be ex-spouse will be able to lay claim to the assets in it. Trust recipients in California should be aware of how to protect their assets.

Marital assets are typically divided according to state laws, which can vary from state to state. In states in which there is a separate property policy, the criteria for classifying an asset are clear. The property had to have been owned or obtained by the spouse before the marriage or after they date on which the couple officially separated. Separate property also includes inheritances received by a spouse, property that was gifted to a spouse by a third party, assets explicitly designated as separate property in an existing prenuptial or postnuptial agreement and financial settlements awarded for pain and suffering in personal injury lawsuits.

Outside of these conditions, assets are typically considered to be marital property. If the terms of the trust are ambiguous, the spouse who is the beneficiary of the trust may have legal difficulty retaining full ownership of the assets during a divorce.

A trust should specifically state that the assets and any related income are to never be considered marital property or be used in the calculation for alimony. Beneficiaries should avoid combining their trust monies with other income or making joint purchases using money from the trust, as such actions may void its separateness.

A family law attorney may advise clients who are intending to get married on how to best protect their individual assets, such as real estate or business assets, in the event a separation occurs. This may entail the completion of a prenuptial agreement. The attorney may also assist divorcing clients by engaging in litigation to obtain fair property division terms.

No Comments

Leave a comment
Comment Information

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)


    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information

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.


Privacy Policy