Divorces involving trusts require a deep understanding of both family law and estate planning. Whether a trust was created before or during the marriage, its presence can significantly impact how property is divided, how child support is calculated, and how the court addresses financial support. At Sarah Henry Law, we assist clients throughout Greenville and across South Carolina in navigating the legal complexities of trust-related divorce cases.
Our law firm brings extensive experience to these cases, offering clear legal representation and strategic support for individuals dealing with sensitive trust and property issues during the divorce process.
How Trusts Affect Divorce Proceedings in South Carolina
Under South Carolina law, the family court must determine whether a trust is considered marital property, separate property, or a mix of both. Trusts created before the marriage are typically considered separate property, especially if one spouse is the sole beneficiary and the funds have not been commingled with marital assets.
However, if a trust has been used to support the family, fund the marital home, or provide financial benefits to both parties, the court may consider its impact when making decisions about property division, child support, or spousal support. This is particularly important in high-asset divorce cases or when trust income affects one spouse’s ability to provide financial support after the separation.
Key Legal Issues When Divorcing With Trust Assets
Divorces involving trusts often raise complex legal matters, including:
- Whether trust assets are considered separate property or part of the marital estate
- How to address trusts as part of the property division process
- How income from a trust affects spousal support or child support obligations
- How estate planning changes should be made after the divorce
In many cases, our attorneys collaborate with estate planning attorneys and financial professionals to ensure the trust is properly evaluated and that the client’s interests are fully protected throughout the legal process.
The Role of Prenuptial Agreements
Prenuptial agreements are common in marriages involving trusts. These agreements may define whether trust income or assets are considered marital or separate property. During divorce proceedings, a valid prenuptial agreement can serve as a key document when determining what the family court will include in its property division analysis.
Sarah Henry Law frequently reviews and enforces prenuptial agreements for clients across South Carolina, ensuring that each party’s legal rights are upheld while also evaluating whether any provisions may require court interpretation based on family law principles.
Child Custody and Support Considerations
Divorces involving trusts often occur in families with children, making child custody and financial support essential parts of the divorce case. The family court in South Carolina will consider:
- The best interests of the child when determining custody arrangements
- The ability of each parent to provide for the child, including access to trust income
- Requests for sole custody or joint custody based on parental history or stability
- Whether legal custody should be shared or assigned to one party
Trust distributions may influence the amount of child support awarded, especially if one parent receives regular income or discretionary payments from a family trust.
Legal Representation for Complex Family Law Matters
At Sarah Henry Law, our attorneys offer experienced guidance in family law cases involving trusts, estate plans, and prenuptial agreements. We assist clients with:
- Filing for divorce and initiating legal action
- Responding to legal issues involving property classification and financial records
- Collaborating with estate planning attorneys when estate plans must be revised
- Navigating family court matters involving trust disputes, support requests, and custody evaluations
Our team provides legal representation in both contested and uncontested divorces, including no fault divorce and fault-based divorces such as those involving physical cruelty or habitual drunkenness.
Estate Plans, Retirement Accounts, and Trust Revisions
If a trust is part of your estate plan, the divorce process may require revisions to ensure your future beneficiaries, trustees, and distributions reflect your post-divorce wishes. We help clients review:
- Irrevocable and revocable trust structures
- Retirement accounts that may interact with estate planning
- Insurance policies and other important documents tied to financial security
- Decisions involving former spouses or children named in a trust
We recognize how emotionally draining and legally complex this process can be, and we support our clients through each step with thoughtful planning and strong advocacy.
Learn more about Greenville Divorce Involving Trusts. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Greenville Divorce Involving Trusts FAQs
Can a trust be divided during divorce in South Carolina?
It depends on how the trust was created, funded, and used. If the trust was used during the marriage to benefit both spouses, the court may factor it into the property division analysis.
Is a trust always considered separate property?
Not always. Some trusts, especially those with commingled assets or marital contributions, may be partially considered marital property depending on their structure and how they were used.
How do trusts affect spousal or child support?
Distributions from a trust can increase the income available to one spouse, which may impact support calculations. Courts will assess whether the trust income is regular, discretionary, or restricted.
What role does a prenuptial agreement play with trusts?
A prenuptial agreement may define how trusts are treated during the divorce process. These agreements are often critical in preserving separate property rights under South Carolina law.
Should my estate plan be updated after a divorce?
Yes. Any trust, will, or beneficiary designation that includes a former spouse should be reviewed and revised after divorce to reflect new legal and financial circumstances.
