Distribution of Assets of a Trust not allowed by Florida Divorce Court

Equitable distribution in Florida during a divorce can be a frightening prospect.  What are the rules regarding distribution of assets of a trust in a divorce?  Does the divorce court have the authority to distribute trust assets? The appellate courts in Florida have addressed this issue.  The appellate court held that without consent from all beneficiaries to the trust, the trial court did not have the authority to distribute any asset of the trust.  See Sylvester v. Sylvester, 557 So.2d 599, 600 (Fla. 4th DCA 1990).  In Sylvester, the court held that the trial court’s finding that the irrevocable trust, which was the only source from which the husband could comply with the judgment, could be terminated by husband at any time, was erroneous due to the court’s failure to have all indispensable parties before it.  The trust would have to be before the court joined with the trustee and beneficiaries. Similarly, in Minsky v. Minsky, 779…

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