Separate Accounts From Your Spouse? Avoid This Asset Protection Pitfall!

December 10, 2013

It is becoming more commonplace for spouses and cohabitating unmarried couples to keep their financial accounts separate. While this strategy has many advantages, it comes with at least one (avoidable) asset protection pitfall. A recent article discusses what this pitfall is, and how you can avoid it.

As the article explains, tangible property that is jointly held between two spouses has an automatic layer of protection against plaintiffs and bankruptcy creditors in most states. This protection comes from the fact that plaintiffs and creditors often will not pursue tangible assets that they can only gain a half interest in. Most often, tangible assets must be liquidated in order to be of any benefit to a creditor or plaintiff. However, this would be impossible if, for example, a creditor and your spouse are half owners of your home.

Alternatively, tangible assets that are owned separately are considered fair game because the creditor or plaintiff can pursue the entire interest. However, this problem can be easily solved through the use of trust accounts. If spouses would like to keep their assets separate, they can each create a trust account to hold the assets. This will not only protect the assets from creditors and plaintiffs, but it can also facilitate the transfer of the assets upon either spouse’s death.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Can W-2 Employees Reduce Their Tax Burden? Strategies to Consider

Learn how W-2 employees may be able to reduce their tax burden through strategic planning, tax-advantaged accounts, and thoughtful financial decisions. Can W-2 Employees Reduce Their Tax Burden? For many professionals, earning income as a W-2 employee can feel limiting from a tax-planning perspective. Unlike business ...

<p>The post Can W-2 Employees Reduce Their Tax Burden? Strategies to Consider first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Elevating Wealth: How Lifestyle Services Transform Financial Success into Meaningful Living

Discover how curated lifestyle services—from travel and wellness to protection and life transitions—help transform wealth into a more intentional, fulfilling way of living. Elevating Wealth ...

<p>The post Elevating Wealth: How Lifestyle Services Transform Financial Success into Meaningful Living first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Q1 2026 Market Recap: Key Trends and Strategic Takeaways for Investors

A comprehensive Q1 2026 recap covering market trends and strategic insights for business owners and investors navigating today’s evolving landscape. Q1 2026 Market Recap: Navigating ...

<p>The post Q1 2026 Market Recap: Key Trends and Strategic Takeaways for Investors first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>