Pennsylvania Trusts and Divorce

Trust interests are not automatically excluded from equitable distribution in a Pennsylvania divorce. The analysis turns on settlor, control, and distribution history.

Third-party trusts

A trust set up by parents for the benefit of a now-married adult child is generally separate property — but distributions actually received during marriage are often counted.

Self-settled trusts

Assets a spouse settled into a self-controlled trust during marriage are typically treated as the marital estate.

Discretionary trusts

Pennsylvania courts consider distribution history, beneficiary control, and trustee independence in deciding whether to count an interest.