You and your spouse finally have a list. The house, the trucks, the 401(k), the camper, the credit card debt. Everything has a line on the spreadsheet your mediator keeps updating. Then, a few months after the divorce is final, you find out about the one account nobody put on the list: your daughter's Trump Account. And the only person who can manage it is your ex.
Trump Accounts are brand new. Congress created them in the federal tax law signed in July 2025, and they started accepting contributions on July 4, 2026. For families with young children, especially babies born from 2025 through 2028, they can come with a $1,000 federal deposit and room for thousands more in family contributions every year. They also raise a Trump Account divorce question most settlements in West Virginia and Ohio were never written to answer: who controls the money in your child's name?
The divorce attorneys at Klie Law Offices recommend dealing with Trump Accounts in the settlement or parenting plan, before the case is final. Here is what you need to know so you don't find out the hard way.
What Is a Trump Account, and Who Owns It?
A Trump Account is a tax-advantaged savings account for a child under a new section of the tax code, Section 530A. It works a lot like a traditional IRA opened for a minor. The money is invested in low-cost U.S. stock index funds, it grows tax-deferred, and the child generally can't take money out before the year he or she turns 18. Starting January 1 of that year, the account generally follows the rules for a traditional IRA.
The key fact for divorcing parents: the account belongs to the child, not to either parent. That means it generally isn't marital property to split in property division. You can't trade it for the boat, and neither of you can take half. But that doesn't mean you can ignore it, because the real issue is control.
- A one-time $1,000 federal pilot deposit is available for eligible U.S.-citizen children born from 2025 through 2028.
- Parents, relatives, and employers can contribute up to a combined $5,000 per child per year.
- Some employers and charitable groups have announced additional deposits for eligible children.
The tax side of these accounts is still developing, so loop in your tax preparer before making large contributions.
The Real Fight Is Over the "Responsible Party"
A parent or guardian opens a Trump Account by filing IRS Form 4547 or using the government's online portal. According to the IRS instructions for Form 4547, the person who makes that election becomes the account's "responsible party" while the child is a minor. The responsible party is the adult who manages the account and receives the information about it.
Notice what that means. It is not "both parents." It is whichever parent filed. In an intact family, nobody cares. In a divorce, the parent who filed can end up with the only real window into an account that may hold thousands of dollars in your child's name. If your spouse opened the account while you were separated, you may not even know it exists.
The IRS rules let the responsible party pick a successor to take over. What the rules don't do is give the other parent automatic access. That is exactly why your divorce papers should cover it.
What Your Settlement or Parenting Plan Should Say
Whether you are working through a West Virginia uncontested divorce or an Ohio dissolution, a few sentences in your agreement can prevent years of friction. Ask your attorney about terms like these:
- Identify every account. List each child's Trump Account, who opened it, and who the responsible party is today.
- Share information. Require the responsible party to send account statements to the other parent on a set schedule, such as every quarter.
- Name a successor. Require the responsible party to designate the other parent as the successor responsible party, so control passes cleanly if something happens.
- Limit one-sided moves. Require both parents' written consent before the account is moved to another institution.
- Set contribution expectations. Decide whether either parent will contribute, how much, and whether it is voluntary.
- Plan for 18. Confirm that the money is the child's and agree on how you will prepare your child to manage it.
A decree can't rewrite federal tax rules. What it can do is order a parent to take specific steps with the account. If a parent refuses, the other parent can ask the court to enforce the order.
What If You're Already Separated?
If your case is still open, find out now whether an account exists. Ask your spouse directly, and ask your attorney to include any Trump Account in the financial disclosures both sides exchange. While the case is pending, a temporary order can require the parent who controls the account to keep it in place and share statements. The worst time to learn about an account is after the decree is signed and the case is closed.
A Trump Account Is Not Child Support
A parent who contributes to a Trump Account is doing something good for the child. But unless your order says so, a contribution is not a child support payment, and it doesn't reduce what you owe. In both states, child support is calculated under state guidelines and covers the child's current needs, like housing, food, clothing, and care.
If you and your co-parent want contributions to count as part of a bigger financial deal, put it in writing and get the court's approval. Informal credit for money deposited into a savings account is how contempt motions get started.
How West Virginia and Ohio Courts Fit In
Neither state has a divorce or custody statute that mentions Trump Accounts yet. What both states do have is authority over parenting decisions and over the agreements that end a marriage, and that is how these accounts get handled in practice.
- West Virginia: Family courts allocate custodial responsibility and decision-making responsibility through a parenting plan. Terms about managing a child's account can be written into that plan or the property settlement, and the court can enforce them.
- Ohio: Courts allocate parental rights and responsibilities and approve separation agreements and shared parenting plans. In a dissolution, the separation agreement is the natural place for Trump Account terms.
In both states, the agreement you sign is far easier to enforce than a promise made in a hallway. It is also far easier to write now than to reopen a case later. Many couples settle details like these in mediation.
Mistakes to Avoid
- Assuming it will sort itself out. It won't. The responsible party controls the account unless something changes.
- Racing to file Form 4547 during a separation to lock in control. A judge may not appreciate the move, and it can sour negotiations on everything else.
- Using the account as a bargaining chip. The money belongs to your child. Offering to "give up" the account in exchange for something else doesn't work.
- Forgetting older kids. Children born before 2025 aren't eligible for the $1,000 pilot deposit, but they can still have an account that families contribute to.
Frequently Asked Questions
Is a Trump Account divided in a divorce?
Generally, no. A Trump Account legally belongs to the child, so it isn't marital property to divide. What your divorce should address is who manages the account, how information is shared, and how decisions about it are made.
Who controls a Trump Account after a divorce?
The responsible party, which under the IRS instructions is generally the person who made the election to open the account. A decree or parenting plan can require that parent to share statements, name the other parent as successor, and get consent before major changes.
Can a Trump Account contribution count as child support?
Not automatically. Child support is set under state guidelines and paid for the child's current needs. If parents want contributions to count toward a financial agreement, the terms have to be in a court-approved order.
What happens to the account when my child turns 18?
The account generally follows traditional IRA rules starting January 1 of the year your child turns 18, and your child takes over at 18. That's why it helps for both parents to agree now on how you will prepare your child for that responsibility.
Our divorce is already final. Can we add Trump Account terms now?
Possibly. Parents can agree to modify a parenting plan or submit an agreed order. If you can't agree, an attorney can review whether your existing order lets the court address it.
Put It in Writing Before the Ink Dries
Most parents never think about an account they didn't know existed. The ones who think about it early are the ones who don't end up back in court over it. If your divorce involves a child born in 2025 or later, or any child with a Trump Account, make sure your agreement covers it.
Klie Law Offices has guided families through divorce since 2005, and every client gets an assigned paralegal who is usually reachable during business hours. Schedule a consultation or book an appointment online. Founding attorney Erika Klie Kolenich leads a team that serves families from Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio. Learn more about our family law services.
