Trust, But Verify

The court, on appeal, held that no income could be imputed to the wife from the trust for purposes of determining alimony or child support in the divorce. Even though the trust distribution included details on both support distributions to maintain a standard of living and discretionary distributions to be determined by the trustee, the court treated the trust as a discretionary trust. Based on this and other factors, the court held that the wife did not have an income interest in the trust which she could enforce, and hence which the court could attribute to her in the divorce. The New Jersey Supreme Court affirmed.

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