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Commonly Asked Questions about Divorced Individual Living Trusts

The assets you cannot put into a trust include the following: Medical savings accounts (MSAs) Health savings accounts (HSAs) Retirement assets: 403(b)s, 401(k)s, IRAs. Any assets that are held outside of the United States. Cash. Vehicles.
For revocable living trusts, its possible to change or even undo them during your divorce. For an irrevocable living trust, it will probably stay unchanged. Since the assets dont legally belong to you or to your spouse, the assets will stay inside the trust for the benefit of your beneficiaries.
Trusts: If structured properly, a trust can help protect assets in the event of divorce, provided all assets in the trust are treated as separate property and none of the distributions are commingled with marital assets.
The main disadvantage of a revocable living trust is that it does not protect you from creditors or lawsuits. Because you have control of everything in your trust and have access to the assets, you can still be sued for liability.
Irrevocable trusts typically stay unchanged during divorce settlements. While the court may consider the assets in the trust when calculating income, the trust should remain unaffected by the process. All beneficiaries, distributions, and other terms should remain the same after the divorce settlement is finalized.