Florida Statute 736.0504
“Discretionary trusts; effect of standard.”
What it means
Section 736.0504 applies to discretionary distributions: any distribution subject to the trustee's discretion, whether or not the discretion is expressed as a standard of distribution and whether or not the trustee has abused it (subsection (1)). Whether or not the trust has a spendthrift provision, a creditor of the beneficiary, including a creditor described in § 736.0503(2), may not compel such a distribution, and may not attach or otherwise reach any interest the beneficiary might have as a result of the trustee's authority to make them (subsection (2)).
If the trustee's discretion to make distributions for the trustee's own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest, except to the extent the interest would be subject to the creditor's claim were the beneficiary not acting as trustee (subsection (3)). Subsection (4) preserves a beneficiary's right to maintain a judicial proceeding against a trustee for abuse of discretion or failure to comply with a standard for distribution.
- A "discretionary distribution" is subject to the trustee's discretion whether or not expressed as a standard and whether or not discretion was abused. (§ 736.0504(1))
- A creditor, including a creditor described in § 736.0503(2), may not compel a discretionary distribution. (§ 736.0504(2)(a))
- A creditor may not attach or otherwise reach the interest a beneficiary might have from the trustee's authority to make discretionary distributions. (§ 736.0504(2)(b))
- Subsection (2) applies whether or not the trust contains a spendthrift provision. (§ 736.0504(2))
- Where a beneficiary-trustee's self-distributions are limited by an ascertainable standard, creditors reach only what they could reach were the beneficiary not trustee. (§ 736.0504(3))
- The section does not limit a beneficiary's right to sue the trustee for abuse of discretion or failure to follow a distribution standard. (§ 736.0504(4))
Text of the statute (2026)
(1) As used in this section, the term “discretionary distribution” means a distribution that is subject to the trustee’s discretion whether or not the discretion is expressed in the form of a standard of distribution and whether or not the trustee has abused the discretion.
(2) Whether or not a trust contains a spendthrift provision, if a trustee may make discretionary distributions to or for the benefit of a beneficiary, a creditor of the beneficiary, including a creditor as described in s. 736.0503(2), may not: (a) Compel a distribution that is subject to the trustee’s discretion; or (b) Attach or otherwise reach the interest, if any, which the beneficiary might have as a result of the trustee’s authority to make discretionary distributions to or for the benefit of the beneficiary.
(3) If the trustee’s discretion to make distributions for the trustee’s own benefit is limited by an ascertainable standard, a creditor may not reach or compel distribution of the beneficial interest except to the extent the interest would be subject to the creditor’s claim were the beneficiary not acting as trustee.
(4) This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion or failure to comply with a standard for distribution.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0504.
History. s. 5, ch. 2006-217; s. 14, ch. 2007-153.
How it applies
Section 736.0504 applies whether or not the trust has a spendthrift provision. When a distribution is within the trustee's discretion, a creditor of the beneficiary, including a support or services creditor under § 736.0503(2), cannot compel it or attach the beneficiary's possible interest in it. The beneficiary's own remedy against a trustee is a judicial proceeding for abuse of discretion or failure to comply with a standard for distribution, which subsection (4) preserves.
Where this shows up
Pages on this site where § 736.0504 does real work:
Questions people ask
Sources
- Fla. Stat. § 736.0504 (2026) ("may not: (a) Compel a distribution that is subject to the trustee's discretion" (subsection (2)))
- Fla. Stat. § 736.0503 (2026) (Creditors described in s. 736.0503(2), referenced in subsection (2))
Last checked: October 17, 2026
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