Fifth Third Bank

BREAKFAST: Trusts Under Pressure: Protecting Irrevocable Trusts in Divorce Litigation

Date: Thursday, November 12, 2026
Time: 08:00 AM - 09:30 AM
Location: University Club of Chicago, 76 East Monroe Street | 2ND FLOOR MICHIGAN ROOM, Chicago, IL 60603
Speaker: Erika Shaw, JP Morgan, & Lizzy Garlovsky, Holland & Knight

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*Different location: 2nd Floor, Michigan Room

7:30 - 8:00 a.m. - Networking

8:00 - 8:30 a.m. - Breakfast/Remarks

8:30 - 9:30 a.m. - Presentation 

Menu Options:

  • Regular: Country Scrambled Eggs with Chives (R)

Applewood Smoked Bacon and Maple Sausage Links

Lyonnaise Style Red Bliss Potatoes

Seasonal Melon, Berry and Pineapple Salad (on side) 

  •  Veggie: Fruit and yogurt plate with granola (F)

Sponsored by:

 

This presentation will address some key intersections of estate planning and divorce and examine the impact of divorce litigation on irrevocable trusts established before or during a marriage. Even the most sophisticated  trusts can become vulnerable in divorce litigation. The use of common trust provisions, such as discretionary distribution standards and definitions, trustee selection and removal powers, beneficiary control features, spendthrift clauses, and disclosure/accounting provision, can unintentionally create leverage for an opposing spouse or support arguments for equitable distribution, support, or enforcement. Using case studies drawn from divorce-related trust disputes across multiple states, this session compares how different jurisdictions analyze issues like beneficial interests, trustee discretion, trust “access,” and claims of alter ego or fraudulent transfer. Attendees will leave with practical drafting and administration takeaways to help reduce litigation risk while preserving the settlor’s intent and fiduciary flexibility.

 

To receive CE credit/certificate, please fill out the survey at the end of the program.

 

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