Florida Statutes
Fla. Stat. § 736.0502 (2025)
Spendthrift provision.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 2010–2021 · leading case: Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010).
Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). “§ 736.0502(3), Fla. Stat. (2009). However, when a trust requires mandatory distributions to a beneficiary, a creditor or assignee of the beneficiary may reach those distributions if the trustee has not made them within a reasonable time after the designated distribution date.”
In Re Rogove, 443 B.R. 182 (Bankr. S.D. Florida 2010). “See Fla. Stat. § 736.0502 (3); Miller v. Kresser, 34 So.”
In Re Ciano, 433 B.R. 431 (Bankr. N.D. Fla. 2010). “0103(17) and a standard for the validity of a “spendthrift provision” in a trust in section 736.0502(1). The Trust Code provides that a spendthrift provision is “valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest.”
Zlatkiss v. All Am. Team Concepts, LLC, 125 So. 3d 953 (Fla. 5th DCA 2013). “3d at 175 (citing § 736.0502(3), Fla. Stat. (2009)). Spendthrift provisions have long been recognized as valid in Florida and sections 736.”
Gregory Todd Givans (Bankr. M.D. Fla. 2021). “”17 Although the Trust’s spendthrift provision restrains voluntary transfers by a beneficiary, it fails to restrain an involuntary transfer of the beneficiary’s interest.”
Tao Mu (Bankr. S.D. Florida 2021). “§ 736.0502 ; 11 U.S.C. § 541 (c)(2). The use by LTS and Mr.”
Wow Sports, Inc. v. Mu (Bankr. S.D. Florida 2021). “§ 736.0502 ; 11 U.S.C. § 541 (c)(2). The use by LTS and Mr.”
Dennis King v. United States Bankr. Court for the Dist. of Colorado (10th Cir. BAP 2015). “39 See Fla. Stat. Ann. § 736.0502 (West 2007); Menotte v.”
— 736.0502(1) — 1 case
In Re Ciano, 433 B.R. 431 (Bankr. N.D. Fla. 2010). “0103(17) and a standard for the validity of a “spendthrift provision” in a trust in section 736.0502(1). The Trust Code provides that a spendthrift provision is “valid only if the provision restrains both voluntary and involuntary transfer of a beneficiary’s interest.”
— 736.0502(3) — 2 cases
Miller v. Kresser, 34 So. 3d 172 (Fla. 4th DCA 2010). “§ 736.0502(3), Fla. Stat. (2009). However, when a trust requires mandatory distributions to a beneficiary, a creditor or assignee of the beneficiary may reach those distributions if the trustee has not made them within a reasonable time after the designated distribution date.”
Zlatkiss v. All Am. Team Concepts, LLC, 125 So. 3d 953 (Fla. 5th DCA 2013). “3d at 175 (citing § 736.0502(3), Fla. Stat. (2009)). Spendthrift provisions have long been recognized as valid in Florida and sections 736.”
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