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?
Divorce / Separation Lawyer
No; unless you bought the ticket with community funds or bought the ticket before separation.
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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.
5 lawyers agree
Family Law Attorney
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.
Family Law Attorney
Maybe-- maybe not. But I assure you it will factor into support.--child and/or spousal HIRE AN ATTORNEY!!!
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