Potomac, MD asked in Divorce for Maryland

Q: Can one spouse unilaterally establish a trust fund for their child so that the other spouse has no access to the money?

Have concern that my spouse is trying to keep monetary assets from me when divorce arrives by putting it in a trust fund for our child. Can that be done without my consent?

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1 Lawyer Answer
Jac E. Knust
Jac E. Knust
  • Columbia, MD
  • Licensed in Maryland

A: Yes, If you are able to show that the removal of money that could be deemed marital and placing it into a trust for the purpose of avoiding consideration as marital property. The process or act of removing marital assets and placing them in a trust or with a third-party for the purpose of avoiding consideration of them as marital property is called dissipation of assets.It is necessary to show intent on behalf of the spouse and that the intent is to deprive you of your marital interest in the property .

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