Tag: marital property

Ohio Chimes In that Trust Assets are Protected from Property Division in a Divorce, Even When the Divorcing Beneficiary, as the Sole Trustee, Can Make Distributions to Himself

Posted on | by Tom

September 27, 2017

The trial court in Ohio, and the appellate court, both agreed after some well-thought out analysis, that a beneficiary’s interest in a third-party trust set up by his father was not marital property, and therefore not subject to division in that beneficiary’s divorce. Continue reading →

How a Divorcing Spouse Can be Caught by Surprise by the Impact that Gifts Made Prior to a Divorce Can Have.

Posted on | by Tom

July 5, 2017

Think twice before making gifts from one spouse to the other if there is any likelihood a divorce could follow someday. In the case of Nelson v Nelson, decided on December 16, 2016 by the District Court of Appeal of Florida Second District, the husband and wife’s California home was transferred into a marital trust for the wife. The wife also served as the trustee. When a divorce ensued, the assets of both spouses were subject to division between the spouses. Continue reading →