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The level of protection afforded by a trust depends on who establishes the trust and
the terms of the trust. It also may be affected by how the
trust is administered. Trust assets are more likely to be deemed separate assets and
not subject to division in the event of divorce
if the trust is funded by someone other than the beneficiary via
gift or bequest or is in a jurisdiction that permits self-settled
trusts, is irrevocable, and has a trustee with discretion over distributions.
In some states, such as Delaware, a person can establish a trust for himself or herself (known as a self-settled trust) with the intent to protect the trust’s
assets from creditors, including a spouse. In some other states, these self-settled asset
protection trusts are against public policy. In these states, the trust
should be funded by a person other than the beneficiary.
To increase the likelihood that trust assets will be protected,
the trust should be irrevocable.

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