Trusts Under Pressure: Protecting Irrevocable Trusts in Divorce Litigation

Private Wealth Services attorney Elizabeth Garlovsky will be a featured speaker during a breakfast program hosted by the Chicago Estate Planning Council (CEPC) about the intersection of estate planning and divorce litigation. Lizzy will explain how divorce proceedings affect irrevocable trusts established before or during a marriage, including how common trust provisions such as discretionary distribution standards and trustee selection and removal can unintentionally create leverage for an opposing spouse or strengthen arguments for equitable distribution and enforcement. The presentation will additionally analyze case studies of divorce-related trust disputes in multiple jurisdictions to review how different states treat issues like beneficial interests and claims of fraudulent transfer. Attendees will leave with tips for drafting and administration to reduce litigation risk while preserving settlor intent and fiduciary flexibility.