How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11434
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years 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.