If you’re an executive, business owner, or young professional building real wealth, this question usually comes up fast in a divorce:
“Is my trust actually protected… or can my spouse go after it?”
The honest answer: It depends on the type of trust—and how you’ve handled it.
Not All Trusts Are Created Equal
Courts look at:
- When it was created
- Where the money came from
- How it was used during the marriage
Revocable Trusts: Usually Not Protected
Revocable living trusts offer no protection in divorce because you control and benefit from them.
Irrevocable Trusts: More Protection—But Not Bulletproof
Irrevocable trusts can offer protection, but issues arise if:
- Community funds were added
- Assets were commingled
- You exercised too much control
What About Inheritance in a Trust?
Inheritance is generally separate property in California—but can become community property if commingled.
Can Your Spouse Actually “Go After” the Trust?
Yes. They may claim:
- Community property interest
- Reimbursement rights
- Improper characterization
Where High Earners Get It Wrong
- Assuming trusts automatically protect assets
- Mixing funds
- Poor documentation
How to Protect Trust Assets
- Keep clean records
- Avoid commingling
- Use prenups/postnups
- Plan strategically
Bottom Line
Yes—your spouse can go after your trust in a California divorce. The outcome depends on structure, funding, and handling.
Need Help?
Finan Family Law helps executives and professionals protect their assets with strategic planning. For clarity, call Finan Family Law, APC at (424) 419-3067 or Click here to send us a request.
Finan Family Law, APC
Family Law Attorney
Serving the South Bay & Los Angeles County