Vallejo, CA asked in Divorce and Family Law for California

Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?

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3 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Such information can be relevant to divorce proceedings. You need to have an attorney represent you. Speak with one in your area today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: If it's relevant, it's "legal". Either party can request production of any documents that are relevant to the divorce case.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Yes, under California law, your spouse's attorney has the right to request information about any trusts in which you are a named beneficiary during a divorce proceeding.

California is a community property state, which means that assets and debts acquired during the marriage are generally divided equally in a divorce. This includes any beneficial interests in trusts that were received or grew during the marriage (with some exceptions).

So if you became the beneficiary of a trust during your marriage, or your beneficial share of a pre-existing trust grew, your spouse would likely have a right to know about that trust and claim part of its value as a marital asset for purposes of calculating support obligations like alimony.

The request from your spouse's lawyer is legal and fairly standard practice in California divorce cases. You generally have to disclose trust documents where you are a beneficiary, though the judge can issue protective orders regarding sensitive financial information as well. Refusing to disclose could negatively impact your divorce settlement.

I would recommend being transparent and providing the requested trust documentation. If you have specific concerns about privacy or sharing sensitive information, you can ask your own lawyer about potentially requesting restrictions on access. But in general, trust disclosures are part of the financial fact-finding process in divorces under California law.

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