Protecting Family Wealth and Trusts During Property Division in Chicago Divorces
When a trust is part of your marriage, one question can define your entire financial future: Is that trust protected, or is it subject to division? Divorce involving significant wealth held in trust raises the stakes far beyond a standard property division case. Whether you are the beneficiary of a family trust, a co-trustee alongside your spouse, or a grantor who created the trust before the marriage, Chicago high-asset divorces involving trusts require a level of legal sophistication that most cases do not demand. Illinois courts do not treat all trusts the same way, and the details can make the difference between protected assets and marital property subject to equitable distribution.
At Caesar & Bender, LLP, our Chicago divorce lawyers handle high-net-worth cases involving complex trust structures. With over 50 years of combined family law experience, Caesar & Bender, LLP understands how Illinois courts analyze trust documents, trustee conduct, and the commingling of assets. Co-founding partners Michael Ian Bender, a former Cook County Domestic Relations Judge, and Molly Caesar, an experienced litigator and certified mediator, help families clarify how property is divided during divorce. When trust assets enter the picture, courts conduct a fact-specific inquiry that can take months. Our high-asset divorce attorneys work to protect what is rightfully yours.
This guide explains how Illinois law treats trust division in Chicago divorces, which trusts are typically protected from division, how courts treat revocable versus irrevocable trusts, and what happens when trust funds are commingled with marital assets. You will also learn about the role of trustees, how inherited wealth in trust is treated, what discovery looks like in a trust-related divorce, and what steps you can take to protect family wealth. Call Caesar & Bender, LLP at (312) 236-1500 to speak with one of our high-asset divorce attorneys.
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Are Trusts Considered Marital Property in Illinois?
Whether a trust counts as marital property in Illinois depends on who created it, when it was funded, and the source of the money inside it. Illinois courts do not simply accept that an asset labeled “trust” is automatically protected from division. Instead, they apply the marital versus non-marital property framework under 750 ILCS 5/503 to determine what belongs in the marital estate.
Under this framework, property acquired during the marriage is presumed marital. Property acquired before the marriage, by gift, or by inheritance is generally non-marital. Trusts created by a third party (such as a parent or grandparent) for one spouse are usually classified as non-marital. Conversely, trusts created by both spouses jointly, or funded with marital funds, are more likely to be considered marital property.
The Impact of Commingling
It is important to note that the protection of a non-marital trust is not absolute. When trust distributions are commingled with marital assets, such as depositing trust payout checks into a joint bank account or using trust funds to pay the mortgage on a shared family home, those distributions may lose their separate identity. If marital and non-marital funds are commingled and the identity of the separate funds is lost, the property can be treated as marital, subject to any reimbursement or tracing claim supported by clear and convincing evidence.
Trust Income and Support Obligations
Even if the trust principal is non-marital, actual trust distributions can still matter in support analysis. Illinois courts consider income and financial resources when determining maintenance and child support. Illinois also provides that income from non-marital property remains non-marital if it is not attributable to a spouse’s personal effort.
Courts look beyond labels and examine the economic reality of the trust arrangement. Factors that influence property classification and support calculations include:
- Who created the trust (the grantor).
- When the trust was funded (before or during the marriage).
- The source of funds used to establish the trust.
- Access and control: Whether a beneficiary spouse has access to or control over the trust’s principal assets.
- Commingling: Whether trust distributions were kept separate or mixed with marital funds.
- Income generation: How distributions impact the beneficiary’s overall financial picture for maintenance and child support purposes.
Key Takeaway: In Illinois, whether a trust interest is marital or non-marital depends on the trust’s source, timing, control, and any commingling. Separate from classification, actual trust distributions may affect maintenance or child support. Illinois also treats income from non-marital property as non-marital if it is not attributable to a spouse’s personal effort.
If you are unsure how your trust will be classified, call Caesar & Bender, LLP today. Our attorneys can review your trust documents and discuss how they can impact property division in your divorce. Our high-net-worth divorce attorneys can walk you through how Illinois courts will evaluate your specific trust arrangement.
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How Does Illinois Law Treat Irrevocable Trusts in Divorce?
Irrevocable trusts created and funded by a third party are often the strongest shield for family wealth during a Chicago divorce. Because an irrevocable trust cannot be altered or revoked by the grantor once it is established, Illinois courts have limited ability to reach the assets inside.
When a third party (such as a parent) creates an irrevocable trust and names one spouse as a beneficiary, that interest is typically classified as non-marital under the IMDMA. However, the level of the beneficiary’s interest matters significantly. Courts distinguish between a vested interest, where the beneficiary has a present right to distributions, and a discretionary or contingent interest, where the trustee decides whether and when to distribute.
Under 760 ILCS 3/801, a trustee must administer the trust in good faith and in accordance with its terms. This means a divorce court generally cannot override the trust document and compel the trustee to make distributions to satisfy a property division order.
What If You Are a Discretionary Beneficiary?
Discretionary trusts give the trustee, not the beneficiary, the power to decide when and how much to distribute. If you are a discretionary beneficiary, you have no legal right to demand money from the trust. Illinois courts generally cannot force a trustee to distribute assets in these situations.
However, courts may still consider the existence of a discretionary trust when calculating maintenance (spousal support) or child support. If the trustee has historically made regular distributions, a Cook County judge may treat those distributions as a financial resource available to the beneficiary spouse. This does not mean the trust itself is divided. It means the court may factor expected distributions into support calculations under 750 ILCS 5/504 and 750 ILCS 5/505.
What If the Irrevocable Trust Was Funded With Marital Money?
If marital funds were used to establish or fund an irrevocable trust, the other spouse may have a valid claim to those assets. Illinois courts can examine whether the transfer was a dissipation of marital assets under 750 ILCS 5/503(d)(2).
A spouse who transferred marital property into an irrevocable trust shortly before or during the divorce may face allegations of dissipation. Courts can look through the legal form of the trust to examine its substance. If the court determines the trust was created to conceal marital assets, it may include the transferred value in the marital estate.
Discovery becomes critical in these cases. Trust funding records, transfer history, and trustee communications are all subject to examination in a Chicago divorce proceeding.
Key Takeaway: Irrevocable trusts created and funded by a third party for one spouse are generally protected in an Illinois divorce. Trusts funded with marital money or structured to shield assets from a spouse, however, may face judicial scrutiny and potential inclusion in the marital estate.
Unsure whether your irrevocable trust is protected? Call Caesar & Bender, LLP at (312) 236-1500 to discuss your case with our Chicago high-net-worth divorce team.
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Do Revocable Living Trusts Protect Assets in an Illinois Divorce?
Revocable living trusts offer very little protection from property division in an Illinois divorce. Because the grantor retains full control and can modify or dissolve a revocable trust at any time, courts generally treat the assets inside as the grantor’s own personal property for equitable distribution purposes.
A common misconception is that placing assets into a living trust shields them from a divorce settlement. It does not. In a Chicago high-asset divorce, Illinois courts will “look through” the trust to evaluate the underlying assets and determine their marital or non-marital character.
Can a Divorce Revoke a Trust?
In Illinois, a divorce does not automatically revoke a revocable trust outright. Whether a trust will be revoked largely depends on the property used to fund it.
- If funded with non-marital property: If the trust holds property acquired as a gift or inheritance and is kept entirely separate, it is generally protected from division. Because a beneficiary of a revocable trust has no absolute legal right to the principal (since the grantor can cancel it at any time), an ex-spouse usually cannot touch these protected assets unless the funds are distributed and commingled with marital property.
- If funded with marital property: If the trust was funded with marital property (such as income earned during the marriage, joint savings, or marital real estate), those assets remain marital property subject to division. In these cases, the trust may be revoked by the court specifically to complete the equitable distribution of the marital estate.
How the Trust is Treated After the Divorce
For any revocable trust created by one of the spouses (the settlor), Illinois law clearly defines what happens to the ex-spouse’s interest once the marriage ends.
Upon the entry of a judgment for dissolution of marriage:
- Automatic Revocation of Interests: Every provision in the trust that is revocable by the settlor and relates to the former spouse is automatically revoked. This strips the ex-spouse of any present or future gifts, benefits, or interests in the trust property.
- The “Predeceased” Standard: In effect, the trust is legally administered and treated as if the settlor’s former spouse died on the exact day the divorce judgment was finalized.
The classification of a trust can drastically impact your divorce settlement. Do not leave your assets up to guesswork. Contact an experienced high-asset divorce attorney today to review your trust documents, assess your exposure, and build a strategy to protect your wealth.
What Is a Spendthrift Trust and Does It Protect Assets in Illinois?
A spendthrift trust restricts a beneficiary’s ability to give away their interest. It also stops most creditors from taking trust assets before they are distributed. Under the Illinois Trust Code, spendthrift provisions are generally enforceable in Illinois.
For Chicago divorce cases, this is the key rule: a spendthrift clause protects trust assets from most creditors, but it gets tricky when an ex-spouse makes a claim.
One rule is very clear: once trust funds are handed out to the beneficiary, they lose their spendthrift protection. If a spouse deposits that money into a joint bank account or pays shared bills, the funds may become marital property.
Can a Spendthrift Trust Be Reached for Alimony or Child Support?
Illinois law recognizes a limited exception to spendthrift protection for unpaid child-support obligations. Under 760 ILCS 3/503, a spendthrift provision is unenforceable against a beneficiary’s child, spouse, or former spouse who has a judgment or court order for child-support obligations, and any attachment remedy applies only as a last resort after an initial showing that traditional enforcement methods are insufficient.
If the trust distributions are discretionary, 760 ILCS 3/504 generally prevents a creditor from compelling a distribution or attaching discretionary distributions. Even so, actual distributions a beneficiary receives may still be relevant when a court evaluates maintenance or child support.
Key Takeaway: Spendthrift trusts provide strong asset protection in Illinois. However, courts can bypass them for child support, and once funds are distributed, they can become marital property.
Caesar & Bender, LLP can assess whether your spendthrift clause will hold up in your Chicago divorce. Call (312) 236-1500 for a confidential consultation.
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Michael Ian Bender, Esq.
Michael Ian Bender is a co-founding partner of Caesar & Bender, LLP, who brings the invaluable perspective of a former Domestic Relations Judge for the Circuit Court of Cook County to his current practice. He earned his Juris Doctor cum laude from the University of Illinois Chicago School of Law and further advanced his legal experience by securing a Master of Laws (LL.M.) with honors in Information Technology and Privacy Law from the same institution.
Drawing heavily on his extensive judicial service, he effectively guides parents and fellow attorneys through highly sensitive family disputes and authored the book “Protecting Children: Bettering the World One Child at a Time.” Mr. Bender is highly decorated within the legal community, holding prestigious professional designations that include Litigator of the Year, Best Lawyers in America, Lawyers of Distinction, and Leading Lawyers.
Molly E. Caesar, Esq.
Molly E. Caesar is a co-founding partner of Caesar & Bender, LLP, and a Chicago family law attorney focusing on complex matters such as divorce, property division, and high-asset marital disputes. She earned her Juris Doctor summa cum laude from DePaul University College of Law, where she was inducted into the Order of the Coif National Honor Society. Beyond her active practice, Ms. Caesar is a certified mediator, an Adjunct Professor at DePaul University College of Law, a former member of the school’s Family Law Advisory Board, and a past President of the North Suburban Bar Association.
Her practice emphasizes thorough preparation, tailored strategy, and practical solutions for families navigating difficult financial transitions. Because of her dedication to the field, Ms. Caesar has been recognized by Super Lawyers for 2025 to 2026, an exclusive honor awarded to the top 5% of attorneys in Illinois. Prior to this, she consistently received the Rising Stars distinction from 2018 through 2024, a recognition reserved for no more than 2.5% of practitioners in the state.
Together, Michael and Molly bring over 50 years of combined family law experience to every case at Caesar & Bender, LLP.
How are Different Types of Trusts Treated in a Divorce?
Because not all trusts are created equally, the specific structure, origin, and rules of your trust play a massive role in whether the assets inside are divided or protected. Here is a breakdown of how courts generally view different trust arrangements during property division:
- Irrevocable Trusts (Third-Party Created): These are usually considered non-marital. Because the trust was created by someone else (like a parent or grandparent) and the beneficiary has no actual ownership or control over the principal, these assets are typically shielded from the divorce settlement.
- Irrevocable Trusts (Funded with Marital Money): This classification is highly variable and depends on the facts of the case. Courts will closely examine the source of the funds used to create the trust and the timing of the transfer. If marital funds were used, the court may rule that the assets are subject to division.
- Revocable Living Trusts: These are usually considered marital property. Because the grantor retains full control and can change or dissolve the trust at any time, courts effectively view these assets as the grantor’s personal property, making them subject to equitable distribution.
- Spendthrift Trusts: The protection of a spendthrift trust depends on whether distributions have been made. While the assets remain held inside the trust, they are often protected as non-marital. However, once those funds are distributed to the beneficiary, their status can change, especially if they are mixed with shared marital money.
- Joint Marital Trusts: These are almost always considered marital property. Because they are created and funded jointly by both spouses during the marriage, the assets within them are entirely subject to division.
| Trust Type | Typically Marital? | Typically Non-Marital? | Key Factor |
|---|---|---|---|
| Irrevocable (third-party created) | Rarely | Usually | Beneficiary has no ownership or control |
| Irrevocable (funded with marital money) | Possible | Depends on facts | Source of funds and timing of transfer |
| Revocable (living trust) | Usually | Rarely | Grantor retains full control |
| Spendthrift trust | Depends | Often (while in trust) | Whether distributions have been made |
| Joint marital trust | Yes | No | Created and funded by both spouses |
Trust classification in an Illinois divorce is rarely black and white. If you are concerned about how a trust will be handled, our Cook County divorce lawyers at Caesar & Bender, LLP are here to help. Contact us today to schedule a comprehensive review of your trust documents and safeguard your financial future.
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What Happens When Trust Funds Are Mixed With Marital Assets?
Commingling, meaning the mixing of non-marital trust funds with marital assets, is one of the most common and costly mistakes in high-net-worth Chicago divorces. Under 750 ILCS 5/503, non-marital property that becomes commingled with marital funds can lose its protected status entirely.
Common examples of commingling include the following situations, each of which can jeopardize the non-marital classification of trust assets:
- Depositing trust distributions into a joint bank account
- Using trust funds to pay the mortgage on the marital home
- Investing trust distributions in a jointly owned business
- Funding home improvements with trust money
- Paying marital debts using trust income
When trust funds are mixed with marital assets, the burden of proof shifts. The spouse claiming non-marital status must show, through documentation, that the funds retain their original character. If they cannot, Illinois courts will presume the mixed funds are marital property.
What Is Tracing and How Does It Work in Illinois?
Tracing is the legal process of documenting the origin of funds to prove they retain their non-marital character despite being commingled. It requires following the money from its source (the trust) through each transaction to its current form.
Successful tracing depends on detailed financial records. The following documents are typically required to support a tracing argument in Illinois:
- Bank statements showing deposit and withdrawal history
- Trust accountings from the trustee
- Distribution records with dates and amounts
- Transfer documentation between accounts
- Tax records, including Form 1041 (U.S. Income Tax Return for Estates and Trusts)
Illinois courts apply the “source of funds” rule: if you can trace a dollar from a non-marital trust distribution through to its current form, it may retain its non-marital classification. When tracing fails, however, the presumption shifts to marital property.
Forensic accountants play an important role in high-asset Chicago divorces involving commingled trust funds. These professionals analyze years of financial records to reconstruct the path of funds and support or challenge non-marital claims.
Key Takeaway: Commingling trust distributions with marital funds is one of the most common and costly mistakes in high-net-worth Illinois divorces. If a non-marital character cannot be traced with documentation, courts will treat those funds as marital property.
Concerned about commingled trust assets in your Chicago divorce? Call Caesar & Bender, LLP at (312) 236-1500 to discuss your options.
How Do Illinois Courts Handle Inherited Wealth Held in Trust?
Inherited wealth is explicitly listed as non-marital property under 750 ILCS 5/503(a)(1). When that inheritance is held in a trust created by a third party (such as a deceased parent’s estate), it receives even stronger protection because the assets are owned by the trust, not the beneficiary.
This protection is not automatic, however. An inheritance deposited into a joint account, used to buy marital property, or blended with household finances, may lose its non-marital classification.
Key factors courts consider in evaluating inherited trust funds include the following questions, which your attorney will help you analyze:
- Whether the inherited funds remained in the trust or were distributed
- Whether distributions were deposited into a separate account or a joint marital account
- Whether inherited funds were used to acquire, improve, or maintain marital property
- The timing of the inheritance relative to the divorce filing
These structures often involve multiple beneficiaries, corporate trustees, and complex distribution provisions. In divorce, the court must evaluate the specific beneficiary’s rights under the trust document, the history of distributions, and whether any commingling occurred.
Key Takeaway: Inherited wealth held in a properly structured trust and kept separate from marital finances is generally non-marital property in Illinois. The key is how the inherited funds were treated throughout the marriage.
What Role Does the Trustee Play in an Illinois Divorce?
The trustee’s role in an Illinois divorce is governed by the Illinois Trust Code, not by the divorce court. Under 760 ILCS 3/801, a trustee must administer the trust in good faith and in accordance with its purposes and terms. Under 760 ILCS 3/802, a trustee owes a duty of loyalty and cannot favor one beneficiary (including a divorcing spouse) over another.
A divorce court generally cannot order a trustee to make or withhold distributions. The court’s authority extends to the beneficiary spouse’s interest in the trust, not to the trustee’s administration of it.
However, trustees are not beyond the reach of the litigation process. In a Chicago divorce, the following discovery tools can be directed at trustees:
- Subpoenas requiring production of trust documents, accountings, and distribution records
- Depositions of the trustee to examine their decision-making and distribution history
- Requests for trust tax returns (Form 1041) and related financial statements
When a spouse also serves as trustee, significant conflicts of interest arise. A trustee-spouse has a fiduciary duty to all beneficiaries, but also has a personal interest in the divorce outcome. Under 760 ILCS 3/802, transactions affected by this conflict are presumed voidable. These situations might be a major point of litigation in high-asset Chicago divorce cases.
Key Takeaway: Under the Illinois Trust Code, a trustee must administer the trust per its terms, not per a divorce court’s wishes. However, trustees can be subpoenaed, and conflicts of interest involving trustee-spouses are a significant litigation issue.
If a trustee’s conduct is affecting your divorce, contact Caesar & Bender, LLP in Chicago for a confidential consultation. Our team can evaluate whether the trustee’s actions raise fiduciary concerns and advise you on the appropriate next steps.
How Are Business Trusts and Family LLCs Treated in Illinois Divorce?
Business interests held in trusts or family limited liability companies (FLLCs) are not automatically shielded from division in an Illinois divorce. Some Chicago families hold business interests through trust structures or family LLCs to consolidate management, limit liability, or facilitate estate planning. When divorce occurs, Illinois courts evaluate the economic reality of these arrangements rather than accepting their legal form at face value.
If a marital business was transferred into a trust or LLC during the marriage, the court may include its value in the marital estate. Key questions include when the entity was formed, who funded it, what role each spouse played in the business, and whether the structure served a legitimate purpose or was designed to shield assets.
Valuing a closely held business inside a trust or LLC presents additional challenges. Business valuation professionals are frequently needed in Chicago high-asset divorce cases to determine fair market value, distinguish between enterprise goodwill (the portion of value tied to the business itself) and personal goodwill (tied to an individual’s reputation), and account for charging orders or transfer restrictions in operating agreements.
Key Takeaway: Business interests held in trusts or family LLCs are not automatically shielded from division in Illinois. Courts examine the economic reality of the arrangement and may require a professional valuation.
What Discovery Tools Are Used in Illinois Trust Divorce Cases?
Trust-related divorce cases in Chicago require targeted and thorough discovery to uncover the full financial picture. Standard financial disclosure may not capture trust interests, particularly when trusts are managed by independent trustees or corporate fiduciaries.
The following discovery tools are commonly used in Illinois trust divorce cases, and understanding how they work can help you prepare for the litigation process:
- Subpoenas to trustees requesting trust documents, accountings, and distribution records
- Interrogatories directed at the trustee-spouse or co-trustees regarding trust administration
- Depositions of trustees to examine distribution patterns, discretionary decisions, and fiduciary conduct
- Requests for production of Form 1041 (trust income tax returns), bank statements, and transfer records
- Subpoenas to financial institutions holding trust accounts
- Retention of forensic accountants and estate planning professionals to evaluate trust structure and funding
Protective orders sometimes come into play when trust confidentiality provisions conflict with mandatory disclosure in divorce. Relevant trust documents may be discoverable in divorce litigation when a spouse’s beneficial interest makes them relevant, and courts can use protective orders to balance disclosure and privacy concerns.
Can You Protect a Trust Before Divorce Is Filed in Illinois?
Pre-divorce trust planning is legitimate when done lawfully and well in advance. However, Illinois courts closely examine transfers made shortly before a divorce filing as potential dissipation under 750 ILCS 5/503(d)(2).
It is important to consider the following measures:
- Reviewing existing trust documents to confirm they clearly identify non-marital intent
- Stopping any commingling of trust distributions with marital accounts going forward
- Documenting the source of all trust contributions with clear records
- Establishing separate accounts for trust distributions
What you should not do is equally important. Transferring marital assets into a trust to hide them from a pending divorce can constitute dissipation under the IMDMA. Courts may impose sanctions on a spouse who engages in fraudulent asset concealment, and the court can “claw back” the transferred value into the marital estate.
The difference between legitimate financial planning and fraudulent concealment depends on timing, intent, and disclosure. A transfer made years before any marital difficulties arose is far easier to defend than one made weeks before a petition is filed.
Key Takeaway: Pre-divorce trust planning is legitimate if done lawfully and in advance. Transferring marital assets into a trust to conceal them from a spouse, however, can lead to sanctions and court-ordered reversal under Illinois law.
Service Areas
Caesar & Bender, LLP represents clients in trust division and high-asset divorce throughout the Chicago metropolitan area from our office at 150 N Michigan Ave #2130, Chicago, IL 60601. We serve families in Cook County, the North Shore, DuPage County, Lake County, Will County, and surrounding communities, including Evanston, Skokie, Oak Park, Naperville, and Hinsdale. Whether your case involves multi-generational family trusts, inherited wealth, or business interests held in trust, Caesar & Bender, LLP handles complex property division matters across the greater Chicago region.
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Get Help Protecting Family Wealth in a Chicago Divorce
A divorce involving trust assets can reshape your financial future and your family’s wealth for generations. When trusts are part of the equation, the decisions made during property division have consequences that reach far beyond the marriage.
Michael Ian Bender and Molly E. Caesar of Caesar & Bender, LLP have over 50 years of combined family law experience and have handled complex trust division cases throughout Cook County. Call Caesar & Bender, LLP at (312) 236-1500 for a confidential consultation. Our office at 150 N Michigan Ave #2130 serves families throughout Chicago and the surrounding counties.
Frequently Asked Questions About Trusts and Divorce in Chicago
Can my spouse take half of my family trust in an Illinois divorce?
Generally, no. If the trust was created by a third party (such as your parent) and you are a beneficiary with limited control, the trust principal is typically not subject to division. However, distributions you have already received and commingled with marital funds may be treated differently. The trust document, your level of control, and the history of distributions all affect the analysis under 750 ILCS 5/503.
Does putting assets in a revocable trust protect them from divorce?
No. A revocable living trust does not protect assets from division in an Illinois divorce. Because you retain the power to modify or revoke the trust, courts treat the assets inside as your personal property. If the trust was funded with marital assets, those assets remain part of the marital estate.
Can a divorce court force a trustee to pay out trust funds?
A divorce court generally does not have the authority to order a trustee to make distributions. Under 760 ILCS 3/801, the trustee must follow the trust’s terms and purposes. The court may, however, consider the trust as a financial resource for the beneficiary spouse when setting maintenance or child support.
What happens if trust money was deposited into a joint account?
Trust distributions deposited into a joint account may lose their non-marital character through commingling. Under 750 ILCS 5/503, the spouse claiming non-marital status bears the burden of tracing those funds back to their original source. Without adequate documentation, courts presume the funds are marital.
How long does a trust-related divorce take in Chicago?
Trust-related divorce cases are more complicated than standard property division matters and typically take longer. The discovery process alone, including subpoenas to trustees, forensic accounting, and trust document review, can add several months. Trust-related divorce cases often take longer than standard property-division matters because discovery, valuation, and trust-document review can add substantial time. The timeline depends on the number of trusts involved, the scope of discovery, and whether expert testimony or trial is required.
Are inherited trust funds protected if I received them during the marriage?
Inheritances are classified as non-marital property under 750 ILCS 5/503(a)(1). If inherited funds remain in the trust or in a separate account, they are generally protected. If they were commingled with marital assets or used for marital purposes, their non-marital classification may be challenged.
Can my spouse see my trust documents during divorce?
Yes. Illinois courts can compel disclosure of trust documents when a spouse has a beneficial interest. Subpoenas can be issued to trustees and financial institutions. Confidentiality provisions in the trust document do not override the court’s authority to order full financial disclosure in a divorce proceeding.
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