Trusts for Asset Protection in Divorce

Evaluating and Reaching Trust Assets and Ex Parte Trusts; Anticipating Discovery Tactics to Uncover Marital Assets

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

Conducted on Wednesday, August 8, 2012
Recorded event now available

This CLE webinar will highlight what practitioners need to include for an optimal level of asset protection when preparing trusts and outline approaches to identify how trust assets are relevant and reachable within a divorce proceeding.


Trusts can be relevant in a divorce proceeding when a spouse has a direct or indirect interest in a trust. Counsel should identify specific trust features that could make a difference and impact whether trust assets can be reached, potentially affecting alimony and property division determinations.

Within the context of a divorce, trust and estate counsel should understand specific discovery techniques family law practitioners may use to determine whether a spouse has an interest in a trust, whether that interest is material, and what attack can be made against the trust.

Listen as our panel of trust and estate law and family law attorneys discusses how to prepare a trust with the maximum level of asset protection, how to identify relevant factors for trusts within the divorce context, discovery methods that can be utilized to uncover marital assets within a trust, and challenges that can be made against a trust.


  1. Effective asset protection features of a trust
  2. Ex parte trusts created by one spouse
  3. How a trust fits within the determination of the value of a spouse’s assets
  4. Where a trust fits within the divorce proceeding
  5. Discovery methods to uncover trust assets
  6. Reaching trust assets in a divorce


The panel will review these and other key questions:

  • What features of a trust provide asset protection within the divorce context?
  • What effective and focused discovery questions should be asked to uncover a spouse’s potential interest in a trust?
  • What is the impact of ex parte trusts in a divorce action?


James M. Kane, Shareholder
Chamberlain Hrdlicka White Williams & Aughtry, Atlanta

He is a tax attorney who deals extensively with managing and coordinating legal and tax matters for high net-worth individuals and families. His practice focuses on trust, estate and asset protection planning and litigation, and IRS audit issues centering on trusts and estates. He is a speaker on trust and estate issues and maintains a legal blog at

Marvin L. Solomiany, Managing Partner
Kessler & Solomiany, Atlanta

His practice focuses on domestic relations and family law matters including divorce, custody, paternity, prenuptial agreements and child support. He was Chair, Family Law Section, Atlanta Bar Association and is Executive Board Member, State Bar of Georgia Family Law Section and Editor, Family Law Newsletter, State Bar of Georgia. He has presented and published on trusts and divorce.

Jeff Vandrew, Jr., Atty
Law Offices of Jeff Vandrew Jr., Egg Harbor Township, N.J.

His practice focuses on asset protection planning, wills, trusts, and estate planning. His background as a CPA and attorney provides his clients with expertise on both the legal aspects and tax aspects of estate planning. He is a member of the American Association of Attorney-CPAs and the ABA Asset Protection Planning Committee. He authors articles on estate planning and asset protection.


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Customer Reviews

The webinar offered excellent insight into some specific areas.

Beth Ann R. Lawson

Virginia Beach Law Group

The seminar was very informative and easy to understand.

Amy Allison

Anderson Hunter Law Firm

I thought the information provided was great.

Erika Gamiz

Law Offices of Marcia L Kraft

The program was well organized and discussed the major issues.

Roxy Hammett

Wolff & Samson

Better than I expected. Well done on both subject matter and production quality.

Jeff Simpson

Gordon, Fournaris & Mammarella

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Estate Planning Advisory Board

Brian M. Annino


Annino & Ligon

L. Paul Hood, Jr.

Consultant, Speaker and Author

The University of Toledo Foundation

Richard S. Franklin


McArthur Franklin

J. Leigh Griffith

Partner and Practice Group Leader - Tax

Waller Lansden Dortch & Davis

Susan M. von Herrmann


Schiff Hardin

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