Contrary to popular belief, placing your money or property into a trust does not automatically protect it from being divided during a divorce.
In Kansas, all property owned by either spouse at the time of division is subject to division during a divorce. Property held in a trust may be divided between the spouses if a spouse is the beneficiary, has control of the trust, or has the right to revoke or amend the trust. Property is protected from division only if another person, other than a spouse, has set up the trust (such as in the case of a revocable trust where the spouse is not the grantor). If the trust is revocable and the person who set it up for the spouse is still alive, the trust property should not be divided between the spouses.
In Missouri, any income or property received during the marriage is considered marital property and is divisible during a divorce. Even if a trust is established before the marriage, any income or property received during the marriage is still considered marital property.
In summary, property or income held in a trust can be divided during a divorce, except in a few specific circumstances. If you have questions about assets held in your trust, please contact a qualified family law attorney to discuss the particulars of your situation.
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