What it means
A spendthrift provision is a trust term that restrains a beneficiary from transferring a trust interest. Under § 736.0502(1), it is valid only if it restrains both voluntary and involuntary transfer. A term providing that the beneficiary's interest is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both (subsection (2)).
A beneficiary may not transfer an interest in violation of a valid spendthrift provision. Except as otherwise provided in this part, a creditor or assignee of the beneficiary may not reach the interest or a distribution before the beneficiary receives it (subsection (3)). A valid provision does not prevent the appointment of interests through a power of appointment (subsection (4)). The validity requirement in subsection (1) does not apply to a trust whose terms are in an instrument executed before the code's effective date.
- A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of the beneficiary's interest. (§ 736.0502(1))
- A term saying the interest is held subject to a spendthrift trust, or words of similar import, is sufficient to restrain both. (§ 736.0502(2))
- A beneficiary may not transfer an interest in violation of a valid spendthrift provision. (§ 736.0502(3))
- Except as otherwise provided in this part, a creditor or assignee may not reach the interest or a distribution before the beneficiary receives it. (§ 736.0502(3))
- A valid provision does not prevent appointment of interests through a power of appointment. (§ 736.0502(4))
- The validity requirement does not apply to a trust whose terms are in an instrument executed before the code's effective date. (§ 736.0502(1))
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0502.
History. s. 5, ch. 2006-217; s. 12, ch. 2007-153.
How it applies
Spendthrift language protects a beneficiary's interest while it remains in the trust: a creditor or assignee may not reach the interest or a distribution before the beneficiary receives it, except as otherwise provided in part V. Exceptions appear in § 736.0503. Section 736.0505 applies whether or not a spendthrift provision exists. Section 736.0504 addresses discretionary distributions. To check whether an interest is protected, read the trust for language restraining both voluntary and involuntary transfer, then check whether the creditor falls within a statutory exception.
Where this shows up
Pages on this site where § 736.0502 does real work:
Questions people ask
Sources
- Fla. Stat. § 736.0502 (2026) ("may not reach the interest or a distribution by the trustee before receipt of the interest or distribution by the beneficiary" (subsection (3)))
- Fla. Stat. § 736.0503 (2026) (Exceptions to a spendthrift provision for support claims, services creditors, and state or federal claims)
Last checked: October 17, 2026
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