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Divorce Property Division and Trusts: Strategies for Attacking or Defending Trusts and Evidentiary Issues

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, January 10, 2023

Recorded event now available

or call 1-800-926-7926

This CLE course will prepare family law practitioners with best practices to represent divorcing parties who have an interest in or seek to claim an interest in a spouse's trust. The panel will review drafting methods to mitigate attacks on trust assets, explain how to attack a trust, discuss available remedies, and outline critical evidentiary issues in establishing a party's interest in the trust as a marital asset.


Trusts present unique challenges when classifying and dividing marital assets in a divorce. Counsel must discover the existence of a spouse's interest, the type of interest, and the value of that interest in the trust

Counsel must also determine when to attack a trust, how to defend a trust, and what remedies are available. From the family law perspective, counsel must address and present essential evidentiary issues.

Listen as our panel of family law and estate law attorneys discusses drafting methods to mitigate attacks on trust assets, discovering the trust and classifying the beneficiary's interest in the trust as marital property, reaching or protecting the beneficiary's assets, identifying remedies available, and understanding key evidentiary issues.



  1. Discovering trust assets
  2. Classifying the trust interest as marital property
  3. Ways to reach trust assets or protect a beneficiary's assets
  4. Joining the trust or trustee as a party
  5. Key evidentiary issues
  6. Remedies


The panel will review these and other key issues:

  • What are best practices for drafting trusts to protect trust assets in the event of a divorce?
  • What can counsel do to discover the type of interest a party has in a trust?
  • What are the methods available to reach a party's interest in the trust and defend against an attempted attack?
  • What are the evidentiary issues in successfully attacking a trust or defending the trust from attack?


Conlon, Timothy
Timothy J. Conlon

Burns & Levinson

Mr. Conlon is one of the leading divorce attorneys in Rhode Island and the surrounding region. He is well-versed in...  |  Read More

Hacker, Alisa
Alisa L. Hacker

Day Pitney

Ms. Hacker is highly sought after by private individual and fiduciary clients for her skills as a litigator and adviser...  |  Read More

Shapiro, David A.
David A. Shapiro

The Law Offices of David A. Shapiro

Mr. Shapiro is a Board Certified Specialist in Estate Litigation, Trust & Probate Law by the California...  |  Read More

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