Fla. Stat. 736.0502
Spendthrift provision

(1)

A spendthrift provision is valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest. This subsection does not apply to any trust the terms of which are included in an instrument executed before the effective date of this code.

(2)

A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest.

(3)

A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary.

(4)

A valid spendthrift provision does not prevent the appointment of interests through the exercise of a power of appointment.

Source: Section 736.0502 — Spendthrift provision, https://www.­flsenate.­gov/Laws/Statutes/2024/0736.­0502 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 736.0502. Spendthrift provision's source at flsenate​.gov