What Happens If You Win The Lottery During A Divorce?
If you can think of a hypothetical legal question, it’s highly likely that a seasoned attorney has experienced or researched a similar court case. From pet custody agreements to splitting stuffed Beanie Baby toys, family court judges and divorce lawyers have seen almost everything. So what would happen if a soon-to-be ex spouse wins big on the lottery?
The answer will depend upon when the ticket was purchased, marital assets, and more. Although statistically, your chances of winning on Powerball are about 1 in 292.2 million, it does happen to some lucky folks every year — including those who are in the process of getting a divorce.
Would Lotto Winnings Be Considered Separate Or Marital Property?
Judges have many factors to consider before ruling on the distribution of lotto winnings, including how and when the winning lottery ticket was purchased. The solution is not always as simple as “whoever bought the ticket keeps the money.”
When Was The Ticket Purchased?
There are three time frames that will drastically affect the judge’s ruling on what happens to the lotto money: before, during, or after the divorce. If you or your spouse won big before filing for divorce, the state of Arkansas will generally consider this as shared marital property. Therefore, the winnings will be split equally between both parties.
If the winning ticket was purchased after a divorce has been finalized, the money will be yours to keep. Just remember, the winnings could affect child support payments if you and your ex share children together.
But what happens if you win the lottery during a divorce? Well, the answer is complex — and depends on how an individual acquired the funds to buy the lottery ticket.
How Was The Ticket Purchased?
The “how” is crucial information for a judge to decide what happens in the event of winning the lotto during a divorce. If the winner can provide compelling evidence that the ticket was purchased with separate funds (not a joint marital account), it may be possible to keep the winnings. However, this isn’t as easy as it sounds and you’ll want a family law attorney to represent you in court.
California Case Example
Whatever you do, don’t attempt to hide your winnings during a divorce. You just might find yourself empty handed, like Denise Rossi from California.
Ms. Rossi found herself with a 1.3 million dollar lottery ticket in 1996, and made the choice to leave her husband, Thomas Rossi, shortly after winning. However, she did not disclose to her soon-to-be ex husband that she hit big.
When couples are going through a divorce, each individual is supposed to detail their financial assets. Legally, Ms. Rossi was responsible for reporting her 1.3 million dollar win to the court and to her attorney. Instead, the divorce was finalized without factoring in her lottery winnings.
Years later, Mr. Rossi accidently received a piece of mail addressed to his ex-wife from the company distributing the lotto funds. He quickly filed an injunction in court, and the judge ruled that Ms. Rossi broke the law. Subsequently, the judge awarded the entire 1.3 million to her ex husband.
Filing For Divorce? Speak To Hickey & Hull For Representation
Lottery winnings or not, divorce can be a difficult, emotional process for both parties involved. While it’s important to remain calm, cool, and collected while in the courtroom, divorce is a challenging legal battle, which is why you’ll want to find the right representation.
The team of legal professionals at Hickey & Hull are here to help you every step of the way, from the initial divorce filing to the final settlement, so you can start to move on with your life. Contact our legal offices by phone, email, or online agent to schedule your initial consultation today.