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Old 01-30-2008, 11:18 PM
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Join Date: Dec 2006
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Are trust assets safe from alimony?


What is the name of your state? MD

My brother is being sued for divorce in FL. He was married for 4 years, wife has stolen all his money and he is almost penniless. There are no children and she wants alimony because she knows that when my father dies, my brother will be a beneficiary of his estate that is held in trust. I am the trustee and the trust reads that I have sole discretion as to whether to distribute any money to him. Two questions: 1. Are inherited assets as a rule subject to alimony that a court may award to the wife, 2. If the wife were to be awarded alimony, can she force me to distribute to my brother so that she can get the money. Thank you
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Old 01-30-2008, 11:35 PM
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Inherited assets probably could factor into an alimony award, but I don't think the ex could force you to make a distribution from a trust that you have sole discretion over.

Barring unusual circumstances, it's doubtful that the ex would be given much of anything in the way of alimony after just a 4 year marriage anyway. If she is given something, it will most likely be temporary to help her out until she becomes self-sustaining.
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