Skip to content

24/7 CALL ANSWERING: 678.736.7700 | INFO@vandtlaw.com

Vayman & Teitelbaum, P.C.
Main Menu
  • Home
  • About
  • Our Team
    • Esther Vayman
    • Gregory Teitelbaum
  • Practice Areas
    • Alimony and Spousal Support
    • Child Custody and Visitation
    • Child Support
    • Contempt
    • Division of Property
    • Divorce
    • Domestic Violence
    • Family Law
    • Legitimation and Paternity
    • Modification
    • Prenuptial Agreements
    • Uncontested Divorce
    • Probate
  • Testimonials
  • Blog
  • Contact

Relationship Between Divorce and Irrevocable Trusts

 

The division of marital and separate property between the spouses is one of the most time-consuming and complex parts of a divorce. Fortunately, it is possible to create an irrevocable trust before marriage to shield assets from the division process that occurs during a divorce. This option is available because many people encounter increased challenges in protecting assets after they have married.

Irrevocable Trusts can Protect Beneficiaries

If you are the beneficiary of a person’s estate, you have not yet received any assets and there is a risk with some types of estate planning structures that a divorce could leave you incapable of receiving assets. Fortunately, the terms of an irrevocable trust cannot be changed or modified even by a divorce, which means that the assets will remain dedicated to a beneficiary even though your inheritance is currently unrealized.

Using an Irrevocable Trust While Planning for a Marriage

People who create irrevocable trusts and place assets in them before marriage are never at risk of having these assets classified as marital property or having them divided in a divorce. This is because the irrevocable trust is considered to own the assets rather than the individual. The risk of this is that an irrevocable trust exists forever and a person cannot get these assets back at a later date if he or she decides to share them with a spouse. 

Instead of an irrevocable trust, it is possible to use a prenuptial agreement to protect assets from the distribution process during a divorce. 

Shielding Assets in an Irrevocable Trust

Assets that a person acquires during a marriage are classified as marital property. In some situations, an irrevocable trust is capable of protecting assets from the distribution process that occurs during a divorce. 

If you place assets in an irrevocable trust and your spouse is aware of it, these assets will likely be protected from distribution. If you transfer assets to an irrevocable trust in anticipation of a divorce, however, a court might consider this a fraudulent transaction. 

It is not possible to deliberately remove assets from marital ownership only so a soon-to-be former spouse will not receive them. In these situations, a judge can order the irrevocable trust to be dissolved and divide the assets among the couple. 

Following a Grantor’s Death

In Georgia, the appreciation of separate property is classified as a marital asset. This means that if assets held in a trust appreciate during a marriage, a spouse might have the right to claim a share of this increase. If a trust is discretionary, however, the trustee has the power to take a trust out of the division of property during a divorce.

Speak With a Skilled Family Attorney in Atlanta


The property division during divorce is an often feared and nerve-wracking process. Irrevocable trusts are just one of several strategies that can be utilized to protect a person’s assets during a divorce. If you need the assistance of an experienced divorce attorney, do not hesitate to contact Vayman & Teitelbaum, P.C. today.

Types Of Family Law Services  in Marietta, GA

Types Of Family Law Services 

Family law covers a wide range of legal matters that impact families at different stages of life. Our Marietta, GA family lawyer recognizes how important it is for families to have guidance and support when facing these legal situations. Family law is not limited to divorce; it encompasses several types of cases that help protect the rights and well-being of everyone involved. Below, we outline the main areas of family law that people often encounter.

Divorce And Separation

Divorce is one of the most common issues in family law. It involves the legal dissolution of a marriage, dividing property, debts, and addressing financial support. In some cases, couples may pursue legal separation instead, which allows them to live apart while maintaining certain legal protections. Families dealing with divorce or separation can benefit from clear advice on filing procedures, division of assets, and spousal support matters.

Child Custody And Parenting Arrangements

Child custody and parenting arrangements are central to family law. These cases determine where children will live, how decisions about their upbringing are made, and how visitation schedules are handled. Courts prioritize the child’s best interest while considering each parent’s circumstances. Families facing custody disputes often need support in creating agreements that are fair, sustainable, and focused on the child’s needs.

Child And Spousal Support

Family law also covers financial support obligations. Child support ensures that children receive the necessary care from both parents, while spousal support addresses financial imbalances after a divorce. Calculating support typically considers income, expenses, and the standard of living during the marriage. Families may work with our Marietta family lawyer to establish support arrangements that are fair and enforceable.

Adoption And Guardianship

Adoption and guardianship are legal processes that provide permanent or temporary care for children. Adoption allows individuals or couples to assume full parental rights and responsibilities, while guardianship may grant someone the authority to care for a minor or incapacitated adult without terminating parental rights. These processes help families secure legal protections and stability for those in their care.

Domestic Violence And Protective Orders

Family law also addresses situations involving domestic violence or abuse. Protective orders can prevent further harm and offer legal remedies to victims. Courts may impose restrictions on contact, mandate counseling, or establish temporary custody arrangements. Families facing domestic violence situations need guidance to safeguard their safety and the well-being of their children.

Paternity And Parental Rights

Establishing paternity is a critical component of family law. Legal recognition of a parent-child relationship affects custody, visitation, and support obligations. Paternity cases ensure that children have access to benefits, inheritance, and parental care. Parents may seek legal measures to clarify or enforce their rights and responsibilities.

Property Division And Marital Agreements

Property division addresses how assets and debts are divided during a divorce. Prenuptial and postnuptial agreements allow couples to define ownership and financial responsibilities in advance. According to our Marietta family lawyer, families often benefit from these arrangements to prevent disputes and provide clarity during major life changes.

Contact Us Today

Family law can affect nearly every aspect of family life, from financial responsibilities to the care and protection of children. With over forty years of combined legal experience, our team at Vayman & Teitelbaum, P.C., is committed to helping families navigate these matters with clarity and support. If you are dealing with any type of family law issue, we encourage you to reach out to our boutique law firm to discuss how we can help protect your rights and the well-being of your loved ones.

 

Case Evaluation

All fields required.

Please enable JavaScript in your browser to complete this form.
Loading

Client Reviews

Testimonials from Happy Clients

Posted on Google Google
James Gilbey profile picture
James Gilbey
28 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
If you’re looking for a divorce lawyer who combines the grit of a prizefighter, the patience of a kindergarten teacher, and the bedside manner of a seasoned therapist, Brianna Moscowitz is your person. I found Brianna at a time when I was navigating the emotional equivalent of a shipwreck. Not only did they keep me afloat, they helped me rebuild the damn boat. Stronger, smarter, and far more seaworthy. Brianna is, in a word, exceptional. Tough when the situation demanded it, honest even when it stung (which I appreciated more than I expected), and tirelessly hardworking. She was never out for blood, but always out for what was fair. And more than that, she genuinely seemed to care. I never felt like a case file or a transaction. I felt heard, respected, and protected. She explained everything in human, non-lawyer English. She had time for my questions (even the dumb ones). She never sugar-coated things, but somehow still managed to deliver tough truths with compassion and clarity. That, my friends, is a rare skill. If you’re in the market for a legal team that fights smart, listens well, and shows up with both integrity and empathy—this is where you want to be. Highly, wholeheartedly, five-stars-with-an-extra-gold-sticker recommend.
Posted on Google Google
Wan Williams profile picture
Wan Williams
43 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Absolutely Outstanding Representation! Vayman and Teitelbaum went above and beyond in handling our case. Stephanie Weil provided amazing, professional, and detail-oriented service throughout the entire process. I felt supported every step of the way and truly appreciated the level of care and attention given to our case. Thank you for everything! I highly recommend Vayman and Teitelbaum to anyone looking for professional and dedicated representation.
Posted on Google Google
Christopher Brown profile picture
Christopher Brown
64 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Leah was great! She picked up my case and came through in helping me win! She remained professional throughout, and even patiently put up with all of my questions. Thank you! Edit: And it has been confirmed the other side in this old case submitted fabricated text message conversations, could have gotten way more from them. Edit 2: New evidence suggests the other side even made fake domains, for fake emails to use in civil court. Stay Vigiliant!
Posted on Google Google
Kevin Brown profile picture
Kevin Brown
104 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Professional, detail-oriented services provided by Leah, Brianna, and many others that supported my case. I'm glad I chose the firm after a long search during a difficult time.
Posted on Google Google
Ariane Promisel profile picture
Ariane Promisel
124 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Highly recommend Greg! They do great work!
Posted on Google Google
John Sumlin profile picture
John Sumlin
181 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
It has been my privilege to be represented by V and T law firm. When I was challenged by the death of a loved one, the grief and confusion were overwhelming! I needed special help, and I found it. My highly skilled team at the firm have become friends to guide me at every step in the probate process. Their professional help was 100% punctual, 100% responsive, 100% caring, and 100% effective.
Posted on Google Google
Iliana Castro profile picture
Iliana Castro
181 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Leah Zammit was the lawyer that support me getting my documents done, she is the most efficient and kind person that I could find. I’m very grateful to work with her and the firm.
Posted on Google Google
John Bryant profile picture
John Bryant
207 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I am very happy with my representation from Amanda and her team. My divorce ended up being a little more complicated than was anticipated and their guidance and helping me keep a level head was critical to a resolution. I definitely recommend them if you are in need of legal representation.
Posted on Google Google
Marshay Green profile picture
Marshay Green
269 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Hiring Vayman & Teitelbaum, P.C was one of the best decisions I made in my life. They represented me pertaining to custody modification. Not only did I receive what we were fighting for, I got more! I received primary custody of my son. Out of all the things I’ve accomplished in my life, this was by far the biggest one. My son means everything to me. Seeing him daily and being involve more in his life has given my life more purpose. I’ll never forget this process. Ms.Zammit, Ms.Shipman and Ms.Horensky were more than exceptional. They were amazing. They got the job done. I would strongly recommend them to anyone seeking for help pretaining to custody modification! God bless.
Posted on Google Google
Stephanie Gill profile picture
Stephanie Gill
273 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I've had a wonderful experience working with Andrea Johnson and her wonderful team through a very difficult personal matter. They are very knowledgeable and were always a call or email away. They responded immediately to any question I may have had. I would definitely work with Mrs. Andrea Johnson and her team should another court matter arise. Thank you so much for caring for my family and helping us keep them safe. ❤️


Practice Areas

  • Alimony & Spousal Support
  • Divorce
  • Child Custody & Visitation
  • Child Support
  • Contempt
  • Division of Property
  • Domestic Violence
  • Family Support
  • Legitimation & Paternity
  • Modification
  • Prenuptial Agreement
  • Uncontested Divorce
  • Probate
  • Alimony & Spousal Support
  • Divorce
  • Child Custody & Visitation
  • Child Support
  • Contempt
  • Division of Property
  • Domestic Violence
  • Family Support
  • Legitimation & Paternity
  • Modification
  • Prenuptial Agreement
  • Uncontested Divorce
  • Probate

Personalized Service.
Practical Solutions.
The Perfect Fit for your
legal needs

contact us today

Contact Us

Please enable JavaScript in your browser to complete this form.
Loading
Vayman & Teitelbaum, P.C.
  • 678.736.7700
Linkedin Google Facebook X-twitter

Visit Our Office

3625 Brookside Pkwy #130, Alpharetta, GA 30022

Main Office - Alpharetta

3625 Brookside
Parkway Suite 130 Alpharetta, GA

GWINNETT

197 W. Crogan St.
Suite 200
Lawrenceville, GA 30046

CUMMING

102 Mary Alice Park Rd.
Suite 301
Cumming, GA 30040

MARIETTA

600 Kennesaw Ave.
NW Suite 500
Marietta, GA 30060

Atlanta

3355 Lenox Rd., Suite 425,
Atlanta, GA 30326

Phone (678) 736-7700     |     Fax (678) 736-7701     |     Email info@vandtlaw.com 

Family Lawyer Sandy Springs GA

Child Custody Lawyer Marietta GA

Divorce Lawyer Cumming GA

Family Lawyer Roswell GA

Divorce Lawyer Sandy Springs GA

Conservatorship Lawyer Marietta GA

Divorce Lawyer Lawrenceville GA

Divorce Lawyer Marietta GA

Divorce Lawyer Roswell GA

Family Lawyer Marietta GA

Paternity Lawyer Marietta GA

Estate Lawyer Atlanta GA

Family Lawyer Cumming GA

Family Lawyer Duluth GA

Family Lawyer Johns Creek GA

Family Lawyer Lawrenceville GA

Probate Litigation Lawyer Georgia

Alimony Lawyer Marietta GA

Spousal Support Lawyer Marietta GA

Temporary Protective Order Lawyer Marietta GA

Copyright 2026 Vayman & Teitelbaum, P.C. | All Rights Reserved | Privacy Policy | Sitemap

Scroll to Top