In New York, any property or assets acquired by either spouse during the marriage or are generally considered marital property and subject to equitable distribution and a divorce. This includes any payments received from the trust during the marriage, regardless of whether the trust was established before during the marriage. If a spouse receives a payment from the trust after the divorce action is filed, but before the divorce action is finalized, the payment may still be considered marital property and subject to division in the divorce.
However, the treatment of the payment will depend on several factors, including the terms of the trust, the nature of the payment, and the timing of the payment. If the payment is considered separate property under the terms of the trust or under New York law, it may not be subject to division in the divorce. However, if the payment is considered marital property, it will likely be subject to equitable distribution along with other marital assets and property.
Another factor to consider is whether the parties had a prenuptial agreement prior to the marriage and addressed the trust. That's why it's important to consult with a qualified divorce attorney in New York to understand how payments from a trust will be treated in your specific situation as a treatment of trust payments and divorce can be complex and append upon several factors.