Florida Statute 736.0503
“Exceptions to spendthrift provision.”
What it means
Under § 736.0503(2), a spendthrift provision is unenforceable, to the extent provided in subsection (3), against three kinds of claimant: a beneficiary's child, spouse, or former spouse with a judgment or court order for support or maintenance; a judgment creditor who provided services for the protection of the beneficiary's interest in the trust; and a claim of Florida or the United States, to the extent a state or federal law so provides. For this section, "child" includes any person for whom an order or judgment for child support has been entered in this or any other state.
Under subsection (3), such a claimant may obtain from a court, or under the Uniform Interstate Family Support Act, an order attaching present or future distributions to or for the beneficiary. The court may limit the award to appropriate relief. For claims by a child, spouse, former spouse, or services creditor, the remedy applies only as a last resort, on an initial showing that traditional methods of enforcing the claim are insufficient. Section 736.0504 also limits the remedy.
- "Child" includes any person for whom a child-support order or judgment has been entered in Florida or any other state. (§ 736.0503(1))
- A spendthrift provision is unenforceable against a child, spouse, or former spouse with a judgment or court order for support or maintenance. (§ 736.0503(2)(a))
- It is also unenforceable against a judgment creditor who provided services for the protection of the beneficiary's interest in the trust. (§ 736.0503(2)(b))
- Claims of Florida or the United States qualify only to the extent a Florida or federal law so provides. (§ 736.0503(2)(c))
- The remedy is a court order attaching present or future distributions; the court may limit the award to appropriate relief. (§ 736.0503(3))
- For support and services-creditor claims, the remedy is a last resort after an initial showing that traditional enforcement methods are insufficient. (§ 736.0503(3))
Text of the statute (2026)
(1) As used in this section, the term “child” includes any person for whom an order or judgment for child support has been entered in this or any other state.
(2) To the extent provided in subsection (3), a spendthrift provision is unenforceable against: (a) A beneficiary’s child, spouse, or former spouse who has a judgment or court order against the beneficiary for support or maintenance. (b) A judgment creditor who has provided services for the protection of a beneficiary’s interest in the trust. (c) A claim of this state or the United States to the extent a law of this state or a federal law so provides.
(3) Except as otherwise provided in this subsection and in s. 736.0504, a claimant against which a spendthrift provision may not be enforced may obtain from a court, or pursuant to the Uniform Interstate Family Support Act, an order attaching present or future distributions to or for the benefit of the beneficiary. The court may limit the award to such relief as is appropriate under the circumstances. Notwithstanding this subsection, the remedies provided in this subsection apply to a claim by a beneficiary’s child, spouse, former spouse, or a judgment creditor described in paragraph (2)(a) or paragraph (2)(b) only as a last resort upon an initial showing that traditional methods of enforcing the claim are insufficient.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0503.
History. s. 5, ch. 2006-217; s. 13, ch. 2007-153.
How it applies
The remedy in subsection (3) is an order attaching distributions to or for the beneficiary, and the court may limit it to what is appropriate. For child, spouse, former spouse, and services-creditor claims, the claimant first shows that traditional enforcement methods are insufficient. Section 736.0504(2) adds a limit: a creditor of a beneficiary, including a creditor described in § 736.0503(2), cannot compel a distribution that is subject to the trustee's discretion.
Questions people ask
Sources
- Fla. Stat. § 736.0503 (2026) ("an order attaching present or future distributions to or for the benefit of the beneficiary" (subsection (3)))
- Fla. Stat. § 736.0504 (2026) (A creditor, including one described in s. 736.0503(2), may not compel a discretionary distribution)
Last checked: October 17, 2026
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