A 2023 Massachusetts divorce case reveals how trust assets that many families assume are protected can unexpectedly become part of a marital estate. In Jones v. Jones, a court ruled that a beneficiary’s interest in a family trust was a divisible property right, despite trust provisions designed to limit access to the assets. ACTEC Fellow Daniel Hayward explains why the trust’s drafting made all the difference, how other states approach similar issues, and what estate planning professionals should do to help clients avoid costly surprises. This case offers important lessons for anyone using trusts to support married children or preserve family wealth across generations.
