---
type: Concept
title: Spendthrift and Discretionary Trusts in Missouri
description: A discretionary spendthrift trust lets a trustee control distributions, shielding a beneficiary's inheritance from their creditors and divorce.
resource: https://nemolegal.com/missouri-spendthrift-trusts-real-protection-for-the-people-you-leave-behind/
tags: [spendthrift-trust, discretionary-trust, missouri, creditor-protection]
timestamp: 2026-06-18
jurisdiction: Missouri
author: Patrick Nolan
---

# Summary

A spendthrift provision restricts a beneficiary from assigning their interest and limits creditor access. In a discretionary spendthrift trust the trustee, not the beneficiary, controls when and how much is distributed (RSMo §§456.5-502 to 456.5-507).

# How it protects

The trustee can pay a landlord or vendor directly and can limit distributions if a beneficiary faces creditors or divorce, keeping funds out of the beneficiary's personal account where a creditor could reach them.

# Decision rule

Leaving assets to an heir with creditor exposure, a spending problem, or divorce risk: use a discretionary spendthrift trust rather than an outright gift.

# Related

- [Common Trust Types](/okf/trusts-probate-avoidance/trust-types.md)
- [Asset Protection Overview](/okf/asset-protection/overview.md)