Dana Marie DeCapite, Taylor D. Carlucci
Wealthy families often use irrevocable trusts to protect assets from creditors, reduce taxes and preserve family assets across generations. But in divorce, trust appreciation and distributions may still factor into property division or spousal support determinations, and commingled distributions can lose separate-property protection.
In the Crain’s Cleveland Business 2026 Wealth Management Guide, Hahn Loeser attorneys Dana Marie DeCapite and Taylor D. Carlucci discuss optimal preservation of generational wealth irrespective of divorce, such as trusts with careful dispositive provisions paired with prenuptial or postnuptial agreements that define property rights, address trust income and appreciation, and include appropriate waivers.
