Pfannenstiehl v. PfannenstiehlAnnotate this Case
As part of a judgment of divorce, the probate and family court judge awarded Wife sixty percent of Husband’s interest in the present value of a discretionary spendthrift trust. Husband appealed, arguing that the judge abused her discretion by including the trust in the marital estate. The Appeals Court affirmed. The Supreme Judicial Court vacated the order dividing Husband’s interest in the trust, holding that Husband’s interest in the trust was so speculative as to constitute nothing more than an expectancy, and therefore, it was not assignable to the marital estate. Remanded.