NJSBA Family Law Section

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Trust for preservation of premarital assets

  • 1.  Trust for preservation of premarital assets

    Posted 01-17-2024 11:01 AM

    Greetings listmates –

    I had a client approach me with a new (to me) idea. Where he is planning to marry and has pre-martial assets he wants to preserve, but his fiancé is unwilling to enter into a pre-nup, he's asking about creating a trust to hold his pre-marital assets. 

    My initial response was that it couldn't hurt, to maintain the separateness of certain assets, and showing intent to do so, as long as the corpus and income of the trust were not co-mingled. However creation of a trust could not guarantee that the assets would be considered immune from ED in a later divorce. I'd love to hear your thoughts.



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    C. Megan Oltman
    Oltman Law & Mediation
    Princeton NJ
    (609) 924-2044
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