Charitable Assets in a Divorce

Estate planning: it’s not just for the wealthy

If you’re going through a divorce, you might not be thinking about your charitable giving—but maybe you should be.

Many couples give to causes together over the years, whether through a donor-advised fund, an estate gift in their wills, or other vehicles. It feels personal. But legally, those charitable decisions can be treated just like any other shared asset when a marriage ends.

In Tennessee, Arkansas, and Mississippi, significant gifts made during a marriage—especially without both spouses agreeing—can actually be revisited during divorce proceedings. That can come as a real surprise.

So if you’re navigating a major life change and you’ve been a generous giver, it’s worth having a conversation early with your attorney and your financial advisor.

Your charitable intentions matter, and the right guidance can help make sure they’re honored—no matter what life brings.

The team at the Community Foundation is honored to serve as a resource as you build your charitable plans and pursue your philanthropic objectives for making a difference in the community. This content is provided for informational purposes only. It is not intended as legal, accounting, or financial planning advice. Please consult your tax or legal advisor to learn how this information might apply to your own situation.