Understanding High Net-Worth Divorce and Trust Funds in Orlando
Orlando is home to many families with significant financial assets, including trust funds established for children. When divorce becomes a reality, one of the key concerns for parents is whether a spouse can claim any portion of a child’s trust fund. Whether you are a parent seeking to protect a trust or a spouse wondering about your rights, understanding Florida law is critical.
I am Beryl Thompson-McClary, an experienced high net-worth divorce Attorney in Orlando, and I handle complex financial matters in divorce cases throughout Orange County, Florida. If you are facing a divorce involving substantial assets, including trusts, I can guide you through the legal process and help safeguard your financial interests. Call me at 1-888-640-2999 to schedule a consultation and discuss your case.
How Florida Law Treats Trust Funds in Divorce
Florida follows equitable distribution when dividing assets in a divorce. This means that marital property is split fairly, though not necessarily equally. However, assets belonging solely to a child—such as a legally structured trust fund—are not part of the marital estate. Under Florida Statutes §61.075, non-marital assets are generally excluded from division.
That being said, certain situations can make trust funds a point of contention in divorce cases. A spouse may attempt to claim a portion of the trust by arguing:
- Commingling of funds – If marital assets were used to contribute to or enhance the trust, a spouse may claim partial rights.
- Discretionary trusts and beneficiary rights – If a spouse is listed as a discretionary beneficiary, they may argue they are entitled to continued access.
- Fraudulent transfer claims – If one spouse moved assets into a child’s trust to avoid division, the other may challenge the legitimacy of the transfer.
As an Orlando high net-worth divorce Attorney, I analyze trust structures to determine how they may be affected by a divorce proceeding.
Protecting a Child’s Trust Fund During Divorce
If you have set up a trust for your child and want to ensure that it remains untouched during your divorce, several legal strategies can help:
- Irrevocable Trusts – If the trust is irrevocable and exclusively benefits the child, it is generally protected from marital claims.
- Clearly Defined Beneficiaries – A well-structured trust should explicitly state that only the child has rights to the assets.
- Separate Accounts – Keeping trust funds separate from marital accounts reduces any claim of commingling.
- Trustee Protections – Appointing an independent trustee who is not a party to the divorce can prevent improper asset distribution.
If you are concerned about protecting your child’s financial future, I can help you evaluate whether your trust is secure from claims in your divorce case.
When a Spouse May Have a Claim to Trust Funds
While a trust fund for a child is usually protected from division in a Florida divorce, there are exceptions where a spouse may have a legitimate claim. Some scenarios include:
- Trust Income Used for Marital Expenses – If funds from a child’s trust were regularly used to pay for household or shared expenses, an argument can be made that those funds should be considered part of the marital estate.
- Trust Contributions from Marital Assets – If both spouses contributed directly to the trust using marital earnings, one party may seek reimbursement or an offset in other asset division.
- Improper Trust Transfers – If one spouse moved substantial assets into a trust before divorce to shield them from division, a court may reverse the transaction.
If you are the spouse who believes that trust assets have been misused or improperly shielded, I will assess whether you have a claim under Florida law.
How Courts Handle Disputed Trust Funds in Florida Divorces
If a trust fund becomes a contested issue in a divorce, the court will examine key factors, including:
- The Type of Trust – Courts assess whether the trust is revocable or irrevocable, and who the rightful beneficiaries are.
- The Source of Funding – If marital assets contributed to the trust, the court may determine whether compensation is warranted.
- Access and Control – If one spouse had control over the trust or regularly accessed its funds, it may influence the outcome of asset division.
- Intent of the Trust – If the trust was clearly established for the child’s benefit with legal safeguards in place, the court is unlikely to disturb it.
Every high net-worth divorce case is unique, and if your child’s trust fund is a contested asset, I will work to ensure your interests are fully represented.
FAQs About Trust Funds and Florida Divorce
Can my spouse take my child’s trust fund in a Florida divorce?
No, a child’s trust fund is not considered a marital asset under Florida law. However, issues may arise if marital funds were used to contribute to the trust or if a spouse had regular access to the trust’s income.
Does it matter if the trust is revocable or irrevocable?
Yes. An irrevocable trust is typically more protected in divorce proceedings because its terms cannot be changed, whereas a revocable trust may be scrutinized more closely, especially if it was used for marital expenses.
What if my spouse was listed as a discretionary beneficiary?
If a spouse is named as a discretionary beneficiary, they may have a claim for continued access depending on the trust language and administration. However, courts generally do not award trust funds to a divorcing spouse unless they were a primary beneficiary.
What if my spouse argues that I transferred assets to the trust to avoid division?
If your spouse believes you intentionally moved assets into the trust to prevent them from being divided, they can challenge the transfer. Courts will look at the timing and intent behind the trust contributions.
Can my spouse access trust funds for child support or alimony?
While a trust itself is not subject to division, its income could be considered when determining child support or alimony payments, particularly if it benefits a parent indirectly.
How can I protect my child’s trust fund before filing for divorce?
Ensure the trust is properly structured as an irrevocable trust, keep all assets separate from marital funds, and work with a legal professional to confirm it complies with Florida laws.
Should I hire a high net-worth divorce attorney in Orlando if my spouse is making claims against my child’s trust?
Yes. Trust funds add complexity to divorce cases, and an experienced attorney can protect your child’s financial future while advocating for your interests.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
High net-worth divorces require careful legal guidance, especially when children’s trust funds are involved. Whether you are protecting a trust from claims or seeking to ensure a fair division of assets, I am here to help. Call 1-888-640-2999 to schedule a consultation and discuss your case with a trusted advocate.
Beryl Thompson-McClary
Address: 390 N Orange Ave #2300, Orlando, FL 32801, United States
Hours: Open
Phone: 1-888-640-2999
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