Protecting Irrevocable Trusts With Premarital Agreements

Private client attorneys Lisa Presser, Larissa Whitman, and Elle Ottaviani co-authored an article for The Legal Intelligencer titled “Protecting Irrevocable Trusts With Premarital Agreements,” examining recent court decisions that signal a shift in the treatment of irrevocable trust assets in divorce proceedings.

The authors explain that while irrevocable trusts have long been used to ensure family assets remain separate property, courts are increasingly considering the value of those assets when dividing marital property and determining support payments. They offer insight into how properly executed premarital agreements can help protect a settlor's intent and preserve the beneficiaries' interests.