I will, of course, seek and pay for appropriate specific advice as to how this would be achieved in light of the specifics of the Trust deed etc, but the question is: My husband and I have a Family Trust with a (significant) accumulated capital loss in it, which can be viewed as an asset - hahaha, we are eternal optimists! - because our intention was to invest in future and offset future capital gains against it, 'tax-effectively'. It's a DT with beneficiaries as us and our kids and any of our relatives, from memory - it was pretty boilerplate. We are now divorcing - fortunately possibly the most amicable divorce ever - and wondered if it's at least theoretically possible to split this as a marital asset. If not, fortunately, things are so amicable we can probably continue with our previous plan, and just invest equally and benefit equally, and change the Trustee to a third-party Trustee we both trust ... it would obviously be preferable and tidier to just split it if we possibly can, because I'm aware that future partners might not be as amicable as we presently are. So: is it theoretically possible to split the Family Trust into two Family Trusts, each with half of the capital loss?