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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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I intend to get married but want to protect some income future

Customer Question

I intend to get married but want to protect some income future income by way of a Discretionary Trust, would my spouse be entitled to half of that in the event of a divorce?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Your spouse would not be entitled to anything put into the trust. However, she may be able to argue for a capital payment based on the value of the trust on the basis that what would have been matrimonial assets were deliberately channelled elsewhere.
The purpose of the trust and its beneficiaries may be relevant as would the spouse's prior knowledge and agreement to the trust, which could also be dealt with in a pre nuptial agreement and I would suggest that this be drawn up executed prior to the marriage.
I hope this helps. Please remember to leave a positive rating so that I am credited for my time.