Title 53, Chapter 12, Section 28
( 53-12-28)
(a) A spendthrift provision is a provision in a trust that the
interest of the beneficiary in the income or in the principal or in
both may not be voluntarily or involuntarily transferred before
payment or delivery of the interest to the beneficiary by the
trustee. (b) A spendthrift provision prohibiting voluntary transfers is valid
and enforceable. (c) Except as otherwise provided in this subsection, a spendthrift
provision prohibiting involuntary transfers is valid and
enforceable. Except with regard to a community trust established
pursuant to Chapter 10 of Title 30, a spendthrift provision
prohibiting involuntary transfers is not valid if the beneficiary is
the settlor. A spendthrift provision prohibiting involuntary
transfers is not valid as to the following claims against a
distribution to a beneficiary, other than a beneficiary who has a
medically determined physical or mental disability that
substantially impairs the beneficiary's ability to provide for the
beneficiary's care or custody and constitutes a substantial handicap
or in the case of a life beneficiary of a community trust, to the
extent the distribution would be subject to garnishment under the
laws of this state if the distribution were disposable earnings: (1) Tort judgments; (2) Taxes; (3) Governmental claims; (4) Alimony; (5) Child support; or (6) Judgment for necessaries not voluntarily provided by the
claimant. (d) Notwithstanding any other provision in this Code section to the
contrary, a spendthrift provision in a bona fide pension or
retirement trust is valid and enforceable with reference to the
entire interest of the beneficiary in the income or in the principal
or in both, even if the beneficiary is also the settlor of the
trust, except where a claim is made pursuant to a qualified domestic
relations order as defined in 26 U.S.C. Section 414(p), or any
subsequent statute of similar import. |