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How can I protect a family trust in my divorce?

When deciding who is entitled to what during a Denver divorce, courts will generally consider only those things that are marital property. Separate property usually stays with the person to whom it belonged before the marriage. If your family has a trust account set up in your name and you want to make sure that it is not up for grabs during your divorce, here is what you need to know.

One important way to make sure that your trust remains separate property, according to Forbes, is to make sure that it remains separate. If you mix funds from the trust with other accounts that you hold jointly with your spouse, it may be hard to claim that you intended to keep that money separate. The same may be true if you spend money from the trust on something that is jointly owned, such as a home or a car.

Another safety measure is to make sure that the terms of the trust are clear and specific. If your spouse tries to raise the issue of the money in the trust in court, a judge will likely consider what the intent of the trust was. The terms should specifically state that the money is not intended to be used toward spousal support or to be considered marital property.

Finally, including the trust in any prenuptial or postnuptial agreement with your spouse can be an added layer of protection in keeping those funds separate. This is general information on this topic and is not intended to be legal advice.

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