Can my ex wife get half of my special needs trust? 4 Answers as of September 19, 2011

To properly answer this question it would require more information regarding your trust. The general rule is that all property acquired during the marriage is a community assets. However, there are exceptions such as inheritance, gifts, devise, and many others. The first question would be did you get this trust during the marriage? If the answer is no, then your wife would have no interest. If the answer is yes, then the next question would be was this a gift to you or inheritance? If yes, then this is your sole and separate property.

If the trust is an inheritance, your wife would not be entitled to any share of the principal of the trust. If there is an issue of support, she would only be entitled to any rights of support she would otherwise receive. Since it appears that you have been separated for a significant amount of time, it is unlikely that there would be any support award, therefore you would not be likely to pay out any part of your trust.

Absent a written transmutation, the terms of the trust will control.

If the trust was set up for you prior to marriage it is your separate property and it is yours not to be divided.