Congratulations on your lottery win!
Now, stop and think. When did you win the lottery? Was it before or after you separated? If you won just a few dollars, or even $100, you may not need to be concerned that the winning will affect anything in your divorce settlement. But, if you made it big, think again.
It’s true – lottery winnings are considered to be marital property.
One of the biggest issues with lottery winnings is when one partner wins a big lottery after the couple has separated – but before the divorce is finalized. Obviously, the spouse who purchased the winning ticket wants to keep all the winnings, while the other spouse wants a portion of the payout.
A spouse who is in the middle of a divorce may win the lottery and believe that this money will be a great way to start his or her single life.
Regardless of the fact that he or she paid for the ticket, the winnings are considered to be marital property. The other spouse has as much right to half the money as he or she does to all other property in the home – unless the marriage has already been legally terminated.
It may sound unfair, but if you win the lottery when you are still married, even if you are pursuing a divorce at that very time, the lottery ticket and the winnings that resulted are considered marital property.
Since California law is a community property state, the court mandates that the lottery winnings be divided evenly between the spouses. This includes any other winnings that a spouse may accrue during the duration of the marriage, including raffles and sweepstakes.
If your spouse won a significant prize, such as the lottery, and has refused to share the winnings with you, contact the Orange County family law offices of Amy M. Montes for the help you need because you have the right to demand part of the winnings.
We are focused on facilitating a fair divorce for you. Call us today.
