<p>@hardtoknow – what is the current source of money for your day-to-day living expenses. If you are talking about a revocable trust created for purposes of avoiding probate – those are generally set up so that the actual assets are very liquid. Unless there are very clear restrictions on the accounts within the trust, it is likely that either you or your husband can withdraw or transfer funds at will. If there is a checking account in the trust and if you can write a check for $10 or withdraw $20 from an ATM without your husband’s counter-signature – it’s likely that you or he could just as easily take out $10,000. </p>
<p>If the trust does have very stringent restrictions… how are you planning to pay for basics such as rent and food after you separate? I’m a little concerned about the statement, " if we needed to support two households." Post-divorce there is no “we” – you are on your own and it doesn’t sound like your ex is likely to be particularly supportive and accommodating. If he is angry and vindictive, then he’s likely to try to restrict your access to money… You might “win” in the end in court --but it could be months or even years before all of that is resolved. </p>
<p>Post-divorce you are going to need to have assets held in your own name (or an individual trust you set up for yourself) – not the shared family trust. </p>
<p>Keep in mind that if your kids are over 18, your husband won’t have to pay child support in most states. He may also be legally pretty much off the hook for college costs. If you are capable of working, depending on your state laws and other particular circumstances, don’t count on alimony or spousal support. </p>
<p>Don’t do anything until you’ve talked with a lawyer-- and if there are a lot of assets involved, then it is worth your while to pay for a consultation with a well-respected specialist, so you can get reliable advice as to how to protect yourself. </p>
<p>Unless you are extremely well off financially, your first step might be to find a job. It won’t be what “we” need to support-- ti will be you supporting yourself – and him taking care of his own needs. If you find that prospect intimidating, you might want to think twice about divorce – maybe the best course of action will be to get legal advice as to how to protect yourself for the long term, but prioritize carving out an independent life for yourself first. </p>