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Recently won some money playing the lottery.

San Diego, CA |
Filed under: Divorce

Recently won some money playing the lottery, and I'm currently going through a divorce. We were legally separated in September 2012. So my question is... Is my soon to be ex entitled to any of the money?

Attorney Answers 5

Posted

No; unless you bought the ticket with community funds or bought the ticket before separation.

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Posted

There is actually an Orange County Case that led to this very issue being addressed in the Family Code. If you bought the ticket with a dollar that was earned before separation, then the dollar was community property and you must disclose that on your schedule of Assets and Debts and she will get half. If you can prove that it was bought with a separate property dollar, one that was earned after marriage, then the winnings are your separate property. Either way, you are a winner. Congratulations.

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1 comment

Edna Carroll Straus

Edna Carroll Straus

Posted

Rossi.

Posted

Only if you purchased the ticket with community funds.
Either way, you must disclose it in the proceedings (and the lottery may not pay out the funds until they know if your spouse is entitled to a portion.?)

Congratulations! I hope you enjoy the winnings.

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Posted

Maybe-- maybe not. But I assure you it will factor into support.--child and/or spousal HIRE AN ATTORNEY!!!

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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2 comments

Zephyr Savoy Hill

Zephyr Savoy Hill

Posted

Good point! It will be a factor in the child and spousal support for sure.

Edna Carroll Straus

Edna Carroll Straus

Posted

Indeed. And he has money for competent counsel, I hope he hires wisely.

Posted

In addition to the astute comments by my colleagues, make sure that the earnings you receive, not some aggregate of all payments not yet received, is considered as yours.

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