Divorce Asset Protection Trust
Pre/post-nup: $1.5K-$3K, contract. Irrevocable trust: $3K-$10K + 7-yr clawback. LLC: $500/state, asset isolation. DAPT (Domestic Asset Protection Trust): $3K-$15K.
| Total assets to protect | — |
| Years married | — |
| State law | — |
| Standard divorce split | — |
| Prenup protected | — |
| Post-nup protected | — |
| Irrevocable trust | — |
| DAPT (Asset Prot Trust) | — |
Divorce asset protection strategies vary widely in effectiveness. Pre/post-nuptial agreements are the gold standard but require both parties' consent and proper drafting. Irrevocable trusts and DAPTs (Domestic Asset Protection Trusts) provide significant protection if structured 4+ years before divorce.
Prenup — Gold Standard
Prenuptial agreement signed BEFORE marriage. Both parties must have independent counsel, full asset disclosure, voluntary signing. Properly drafted = court will enforce. Best for: significant pre-marital assets, expected inheritance, business equity. Cost: $1.5K-$5K per side.
Post-Nup During Marriage
Postnuptial agreement signed DURING marriage. Same elements as prenup but courts scrutinize more closely (potential duress claim). Useful after wealth change, business growth, reconciliation. Less reliable than prenup but viable.
DAPT — Domestic Asset Protection Trust
17 states allow Domestic Asset Protection Trusts (DAPT): NV, DE, SD, AK, etc. Self-settled — you fund and benefit. 4+ year statute requires planning ahead. Courts in non-DAPT states sometimes pierce, but protection is real for property in DAPT-friendly jurisdictions.
Last updated May 2026. Sources: ABA Divorce Asset Protection.