Hi there. You said you are “on” our husband’s business/family trust. It is not clear what you mean by this, but we have assumed that you are a beneficiary of a trust. This means there is certain trust property, presumably associated with your husband’s business, that is being held and managed for one or more beneficiaries, including you. If you decide to remove yourself as a beneficiary, you will surrender your rights to receive a share of the trust property or any income derived from it.

If you decide to exit the trust before the divorce is settled, although you may lose your right to make a direct claim to the trust property, the court may take into account any income you expected to receive under the trust. This is part of the court’s broader duty to take into account a wide range of factors when making orders in a property settlement. Specifically, the court will take into account the direct and indirect financial contributions each person has made to the marriage (e.g. wages, inheritance) and non-financial contributions, such as caring for children or homemaking. The court will also consider future requirements of each person, such as age, health, financial resources, child maintenance and ability to earn money.