In short: In Koepke v. Koepke (Fla. 5th DCA 2019), a former husband who owed past-due alimony concealed a personal injury settlement and attorney’s fee award through false discovery answers and put part of the money in an irrevocable trust. The court affirmed his indirect criminal contempt, rejecting service and willfulness challenges. He was later disbarred.
An irrevocable trust is a legitimate planning tool. Used to hide money from a court-ordered obligation, it becomes evidence.
The Facts
In a post-dissolution case in Orange County, the former husband, a practicing attorney, owed past-due alimony. When the former wife sought discovery about his expected personal injury settlement, he gave false answers that concealed both the settlement and his attorney’s fee award, and placed part of the fee money into an irrevocable trust to shield it from the alimony obligation. The trial court held him in indirect criminal contempt.
The Decision
The Fifth District affirmed in a written per curiam opinion (No. 5D18-2231, July 26, 2019), with a concurrence. It rejected his argument that the order to show cause wasn’t properly served under Fla. R. Crim. P. 3.840(a), and found the evidence sufficient to prove willfulness. The Florida Supreme Court later disbarred him in a separate proceeding.
The Asset-Protection Lesson
- Transferring assets to defeat an existing creditor or court obligation can be set aside as a fraudulent transfer under Florida’s Uniform Fraudulent Transfer Act (Chapter 726).
- A self-settled trust, where you are a beneficiary, doesn’t protect your assets from your creditors in Florida.
- Lying in discovery about assets turns a money dispute into a criminal one.
Why It Matters in Probate
The same principles apply when a decedent or a fiduciary moves money into a trust to avoid creditors, a spouse’s elective share, or other heirs. Courts look at timing, intent, and concealment.
Source: Koepke v. Koepke, No. 5D18-2231 (Fla. 5th DCA July 26, 2019).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Distinguished Trial Lawyer Held in CRIMINAL Contempt- Fees in Irrevocable Trust
Go Deeper
- Can I Hide My Assets With a Trust? The Short Answer Is No.
- Thinking About Moving Assets or Hiding From Creditors? Read This First
Frequently Asked Questions
Can you hide money in an irrevocable trust in Florida?
Not from existing creditors or court-ordered obligations. Transfers can be undone as fraudulent, and concealment can lead to contempt.
What is indirect criminal contempt?
Willful violation of a court order outside the court’s presence, prosecuted with notice under Rule 3.840.
Does a self-settled trust protect assets in Florida?
No. A trust you create for your own benefit is reachable by your creditors.
What happened in Koepke v. Koepke?
The Fifth District affirmed the criminal contempt order in 2019.
Talk to a Florida trust litigation lawyer
Weidner Law, P.A. handles Florida trust disputes and probate appeals from St. Petersburg. If you need a trust litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
