Your trusts were built to protect your family from the IRS. They were not built to be unwound in a divorce. Here is what changes when sophisticated estate planning collides with the end of a marriage, and why the most expensive mistakes in high net worth divorce often happen in this exact category.
In this episode, Alex Weinberger, Certified Financial Planner Professional and Certified Divorce Financial Analyst, walks through what actually happens to revocable living trusts, irrevocable trusts, SLATs, ILITs, GRATs, QPRTs, family limited partnerships, and dynasty trusts when a high net worth couple divorces.
You will learn:
Why affluent families build these layered structures in the first place, and why almost none of them were designed with divorce in mind.
What happens to revocable living trusts and joint trusts when a marriage ends, and why the trust itself often matters less than the underlying ownership of the assets.
The irrevocable trust problem, and why the analysis varies dramatically by state, by trust language, and by how the trust was funded.
Why SLATs, the spousal lifetime access trust, has become one of the most contested vehicles in modern high net worth divorce, and what makes the unwinding so difficult.
How ILITs, irrevocable life insurance trusts, get handled in a divorce when the policy is still in force and the former spouse remains a beneficiary.
The team you need around you when sophisticated estate planning is part of your divorce picture, and why the family law attorney working alone is rarely enough.
When a postnuptial agreement can resolve estate planning conflicts before they become contested in litigation.
This episode is essential listening for individuals contemplating or navigating a high net worth divorce, and for the family law attorneys, mediators, CPAs, estate attorneys, and wealth advisors who serve them.
Marriage Financial Solutions is a financial consulting firm in Los Angeles serving clients across California on the financial side of divorce, with particular focus on high net worth households where the asset structures and the planning history require specialized analysis. If you or a client is navigating a divorce involving sophisticated estate planning, the firm welcomes new engagements.
To learn more or schedule a conversation, visit marriagefinancial.com.
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