A piece of paper with the words 'Trust Fund' written on it, accompanied by a pen, symbolizing the documentation and planning involved in trust funds, a key topic in discussions of property division in Texas divorce law.

Navigating a divorce in Texas can be complex, especially when trusts are involved. Trusts, as intricate financial entities, introduce specific challenges and questions in divorce proceedings. This article provides a comprehensive examination of how trusts are treated in Texas divorce law, focusing on the classification of trust assets and income.

Separate vs. Community Property

Under Texas law, property acquired during the marriage is generally considered community property and is subject to division upon divorce. Conversely, property acquired before marriage, through inheritance, or as a gift, is typically classified as separate property and remains with the individual.

Property in a trust and income from that property can be either separate or community property depending on the origin of the property used to fund the trust, when the trust was formed, and by whom the trust was funded.

Trust Income

When considering trust income in a Texas divorce, it’s vital to analyze several factors to determine its character. These include:

  1. Distribution Status: Whether the trust income was distributed or remained undistributed during the marriage plays a crucial role. Distributed income is typically considered community property.
  2. Trust Creator: The origin of the trust, whether created by a third party or by a spouse for personal benefit, influences the income’s classification.
  3. Beneficiary’s Interest: A spouse’s interest in the trust corpus (the principal or main body of the trust) is a key factor in determining the character of the income.
  4. Distribution Rights: If the income was undistributed, the nature of the spouse’s right to compel a distribution is crucial. Income from trusts with mandatory distributions might be treated differently from those with discretionary distributions, impacting its classification as separate or community property.

Mandatory vs. Discretionary Trust Distributions in Texas Divorce

The classification of trust distributions in Texas divorce is significantly influenced by whether the distributions are mandatory or discretionary. Mandatory distributions, which the trust mandates to be paid out at set intervals, are typically viewed as community property when distributed during the marriage. This is due to their predictable nature and the beneficiary’s expectation of receiving them.

Discretionary distributions, however, are characterized by the trustee’s power to decide if and when to distribute them. These distributions are less predictable and depend on various factors, including the trustee’s judgment and the terms of the trust. As such, they may not always be classified as community property in a divorce. The beneficiary’s degree of influence or control over these distributions can be a deciding factor in their classification.

The Ridgell v. Ridgell, 960 S.W.2d 144 case underscores this distinction. The court’s analysis in this case highlighted how the nature of the distributions – whether they are at the discretion of the trustee or mandated by the trust terms – impacts their classification in the division of assets. This precedent is crucial for understanding how different types of trust distributions are treated in the context of marital property division in Texas.

Undistributed Income in Self-Settled Trusts

The treatment of undistributed income in self-settled trusts during Texas divorces is guided by the principles established in Lipsey v. Lipsey, 983 S.W.2d 345. This case stands for the premise that if undistributed income earned during the marriage is not required to be distributed under the terms of the trust agreement, then the undistributed income in the trust retains the character of the original property or funding. This ruling emphasizes the importance of the trust agreement’s terms in determining the character of undistributed income for the purposes of property division in divorce.

Alter Ego Trusts in Texas Divorce

In Texas divorce cases, the alter ego doctrine can be applied to trusts under specific circumstances. This doctrine is particularly relevant when a beneficiary exhibits “constructive control” over the assets of the trust by virtue of their relationship with the trustees. Such a situation may arise when the trust is closely associated with an individual, to the extent that it effectively becomes an extension of that person.

In cases like In re Marriage of Long, 542 S.W.2d 712, the court explored the concept of constructive control in the context of trusts. When a beneficiary has such a level of influence or control over a trust, the court may decide to treat the trust’s assets as if they were directly owned by the beneficiary for the purposes of property division. This approach allows the court to ensure equitable distribution of assets, particularly in scenarios where trusts may be used to shield assets from fair division in a divorce.


Trusts add a significant layer of complexity to divorce proceedings in Texas. Understanding the classification of trust assets and income, along with the nuances of different types of trusts, is crucial for anyone undergoing a divorce involving such entities.

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