Recently won some money playing the lottery.

Asked about 1 year ago - San Diego, CA

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)

  1. Elizabeth Jones

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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.

  2. Wail Sarieh

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Best Answer
    chosen by asker

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

    I can be reached at 714-542-6200, 9:00 a.m. to 5:00 p.m. Monday to Friday. Feel free to email me directly at... more
  3. Edna Carroll Straus

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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... more
  4. Zephyr Savoy Hill

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

  5. Robert Andrew Michael Burns

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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