You may have created a trust during your marriage, long before you considered divorce. Knowing which of its terms a Missouri divorce automatically alters, and which remain in place until you revise them, can help you protect the people you intend to benefit.
Divorce changes your former spouse’s role
Under Missouri law, a final divorce generally revokes trust terms that benefit your former spouse. It also cancels any appointment of that person as trustee or in another fiduciary role. Several exceptions apply, including when the trust expressly states that dissolution of the marriage will not affect the designation, or when a court order, binding contract or settlement agreement preserves it.
The trust then operates as though your former spouse had died immediately before the divorce became final. What happens next depends on its remaining terms, including any provisions naming successor beneficiaries or trustees.
Trust type affects later changes
If you created a revocable trust, you generally retain the power to amend or revoke it during your lifetime. An irrevocable trust works differently because you do not have the same power to rewrite its terms on your own. Depending on the situation, modifying an irrevocable trust requires the beneficiaries’ consent, court approval or both.
Once the divorce is final, Missouri law automatically revokes certain terms involving your former spouse, but it does not choose new beneficiaries or redirect property to match your goals. Holding an asset in a revocable trust also does not, by itself, determine whether it is marital or nonmarital property.
Trust revisions reflect your current wishes
You can review your trust once you separate, even though Missouri’s automatic revocation does not take effect until the divorce is final. If the trust is revocable and you have the right to change it, an amendment changes specific terms, while a restatement updates the full document. Our attorney can help you decide which option can fit your current situation and where you can go from here.