Spendthrift clause
Spendthrift clause: A trust provision that stops a beneficiary from transferring their interest and stops the beneficiary's creditors from reaching it before it is paid out. Uniform Trust Code § 502 recognizes these clauses, and § 503 lists exceptions, such as claims for child support. A spendthrift clause generally does not protect a settlor from the settlor's own creditors.
What spendthrift clause means
In short, spendthrift clause is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where spendthrift clause comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Protecting property in a trust.
How to research the term
Start with the primary source. For example, if spendthrift clause appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read spendthrift clause in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
You can read the current federal court rules online for free.
Related legal terms
- Severance: splitting claims or parties into separate cases or separate trials. Federal Rule of Civil Procedure 21 lets the court sever any claim against a party, and Rule 42(b) allows separate trials.
- Silent acquiescence: accepting something by staying silent or failing to object when one could be expected to speak.
- Sovereign citizen: a label for people who claim they are not subject to government authority or courts unless they consent. We have not found a court decision upholding these claims.
- Specific performance: an equitable remedy ordering a party to perform its contract obligations.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.