Husband Dissipates Assets by Placing Them in Trusts for the Children, but the Appellate Court Does Not Allow Unaccrued Interest

BVLaw
Court Case Digests
September 21, 2021
8721 Accounting, Auditing, and Bookkeeping Services
541219 Other Accounting Services
marital dissolution/divorce
divorce, fraud, liquidation, marital asset, equitable distribution, estate planning, estate and trusts, gift, taxes

Mohen v. Mohen
2021 Pa. Super. Unpub. LEXIS 2560; 2021 WL 4281296
US
State Court
Pennsylvania
Superior Court
Stephen Juska
Olson

Summary

In the trial court (TC), the wife was awarded $4,360,158 of mostly unaccrued interest on the corpus of trusts the husband set up unilaterally for the children. The TC took the value of those trusts, $9,291,372, as part of the marital estate. The TC also added $990,945 of interest that the trusts had received and the remaining unaccrued future interest for a total value of “distribution” paid to the husband of $14,642,475 related to the trusts. The appellate court (AC) determined that the future interest was future interest and, thus, not part of the marital estate. However, the AC let stand the determination that the value of the trusts were to be treated as a distribution to the husband.

See Also

Mohen v. Mohen

In the trial court (TC), the wife was awarded $4,360,158 of mostly unaccrued interest on the corpus of trusts the husband set up unilaterally for the children. The TC took the value of those trusts, $9,291,372, as part of the marital estate. The TC also added $990,945 of interest that the trusts had received and the remaining unaccrued future interest for a total value of “distribution” paid to the husband of $14,642,475 related to the trusts. The appellate court (AC) determined that the future interest was future interest and, thus, not part of the marital estate. However, the AC let stand the determination that the value of the trusts were to be treated as a distribution to the husband.