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Lottery winnings and divorce

Topic closed. 31 replies. Last post 5 years ago by jrosina.

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Posted: March 23, 2010, 10:07 am - IP Logged

There was a case in CA where the wife won, but they weren't separated and divorce wasn't filed until after she won. She tried to conceal the win until the divorce was final. She ended up losing all of the winnings because of her deception.

Suppose a couple was separated and a divorce was filed.  Either the husband or wife wins a lottery, should the other spouse have a claim? Let's say the ticket was purchased with money from a family member as a gift. 

 

I know this varies from state to state.

 

What would you do in a situation like this?

    Lucky Loser's avatar - bucks
    Texas
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    Posted: March 23, 2010, 10:32 am - IP Logged

    There was a case in CA where the wife won, but they weren't separated and divorce wasn't filed until after she won. She tried to conceal the win until the divorce was final. She ended up losing all of the winnings because of her deception.

    Suppose a couple was separated and a divorce was filed.  Either the husband or wife wins a lottery, should the other spouse have a claim? Let's say the ticket was purchased with money from a family member as a gift. 

     

    I know this varies from state to state.

     

    What would you do in a situation like this?

    Well, it's not a matter of "should" they have a claim but, rather they "do" have a claim. Until they're actually legally divorced in black and white, they must split and share EVERYTHING. Sometimes this is a bitter sweet deal but, you must look at what's best for yourself in the long run.

    Just like the chic you've described here as she tried to hide the money all for herself...only to lose it all to her soon to be Ex and his NEW SWEET THANG!!! It's hard but it's fair...it's the law.

    Unless you can hide the money really well for a long, long time in a good safe spot until the smoke clears, you're gonna risk losing it.

    L.L.

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      Kennesaw, GA
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      Posted: March 23, 2010, 10:35 am - IP Logged

      There was a case in CA where the wife won, but they weren't separated and divorce wasn't filed until after she won. She tried to conceal the win until the divorce was final. She ended up losing all of the winnings because of her deception.

      Suppose a couple was separated and a divorce was filed.  Either the husband or wife wins a lottery, should the other spouse have a claim? Let's say the ticket was purchased with money from a family member as a gift. 

       

      I know this varies from state to state.

       

      What would you do in a situation like this?

      well i would rush the divorce  make it easy and simple for her and then claim the prize..your not a winner until you turn the ticket in

        Lucky Loser's avatar - bucks
        Texas
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        Posted: March 23, 2010, 10:47 am - IP Logged

        well i would rush the divorce  make it easy and simple for her and then claim the prize..your not a winner until you turn the ticket in

        Very true but, a good lawyer will look at the time of the claim versus the date of the draw. This will automatically tell them you had the ticket before you divorced...hence withholding information regarding finances. Any noticable change in your lifestyle will prompt her to investigate.

        Technically, in the lawyer's eyes, you were a winner...and you willingly deceived her.

         

        L.L.

          tiggs95's avatar - Lottery-036.jpg

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          Posted: March 23, 2010, 10:48 am - IP Logged

          Shoot my spouse in the head then live happly ever after..Simple..

            Lucky Loser's avatar - bucks
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            Posted: March 23, 2010, 10:57 am - IP Logged

            Shoot my spouse in the head then live happly ever after..Simple..

            Jester Laugh LOL Eek Scared tiggs, you are off the chain and running wild!!!! Will I be reading about you in the very near future?? Put me in your will as a beneficiary...all I want is $100,000. I will never have to work again...guaranteed!!!

            L.L.

              tiggs95's avatar - Lottery-036.jpg

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              Posted: March 23, 2010, 11:00 am - IP Logged

              Jester Laugh LOL Eek Scared tiggs, you are off the chain and running wild!!!! Will I be reading about you in the very near future?? Put me in your will as a beneficiary...all I want is $100,000. I will never have to work again...guaranteed!!!

              L.L.

              Lucky Loser you live in Texas and you'll need more then $100,000 to live without working..We'll see what we can do..

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                Posted: March 23, 2010, 11:02 am - IP Logged

                In the "self esteem" post someone mentioned gettingWink rid of all the negatives in your life....this would certainly do that.

                  Lucky Loser's avatar - bucks
                  Texas
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                  Posted: March 23, 2010, 11:06 am - IP Logged

                  Lucky Loser you live in Texas and you'll need more then $100,000 to live without working..We'll see what we can do..

                  Yeah, I'd appreciate that!! Gotta take care of all my women, too, so you don't take 'em from me!!! You da man!!!

                  L.L.

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                    Posted: March 23, 2010, 11:23 am - IP Logged

                     Hiding the money would be hard if you can't claim anonymously.  If you could claim anonymously, then it is a whole different set of rules: no extravagant purchases, lay low... don't pull any "Jack Whittakers"

                      Lucky Loser's avatar - bucks
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                      Posted: March 23, 2010, 11:30 am - IP Logged

                       Hiding the money would be hard if you can't claim anonymously.  If you could claim anonymously, then it is a whole different set of rules: no extravagant purchases, lay low... don't pull any "Jack Whittakers"

                      If you could claim anonymously

                       

                      ...and there you have it. "You" should never claim the money in a case like this, if you just can't wait. There are many ways around it, but you have to smart enough to implement them. Noone can take anything that's not yours...unless they steal it. Case closed.

                      I was just waiting for someone to put this out there so I could piggy back.

                      L.L.

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                        Posted: March 23, 2010, 11:32 am - IP Logged

                        If you could not claim anonymously, it might be better to have a trustworthy family member (ie mother, father or sibling) claim and work out an agreement to be "gifted" money or be part of a family limited partnership.

                         

                        Pennsylvania allows for a trust to claim, but they will name the beneficiaries of the trust as part of public record.  So if one of the beneficiaries is in a divorce, they might be S.O.L.  You have a year to claim in PA.  Maryland allow anonymous claims, but 182 days to claim.

                         

                        I would want the money for my kids and for myself before giving a dime to a divorcing spouse.

                         

                        So I guess this begs the question how do you (or another entity) claim in the event of a divorce. What is really the smart way to do this? i could not imagine an attorney taking on a case like this (an impending divorce, lottery winnings after the separation and no anonymity for the claim.)

                        My initial question was prompted by reading about the Ramdass case and the case in California.

                          Raven62's avatar - binary
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                          Posted: March 23, 2010, 2:33 pm - IP Logged

                          There was a case in CA where the wife won, but they weren't separated and divorce wasn't filed until after she won. She tried to conceal the win until the divorce was final. She ended up losing all of the winnings because of her deception.

                          Suppose a couple was separated and a divorce was filed.  Either the husband or wife wins a lottery, should the other spouse have a claim? Let's say the ticket was purchased with money from a family member as a gift. 

                           

                          I know this varies from state to state.

                           

                          What would you do in a situation like this?

                          Consult with other Lottery Post Members: They know alot more than a Matrimonial Attorney about Equitable Distribution of Marital Assets!

                          A mind once stretched by a new idea never returns to its original dimensions!

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                            CA
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                            Posted: March 23, 2010, 3:58 pm - IP Logged

                            If you're worried about losing all of the winnings you can just claim it together and split it. Half is better than nothing. That b**** got what she deserved. I've never agreed with the whole 50/50 law when getting divorced. Espesically when it's one person who pays for most of the things and that's usually the man.

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                              Posted: March 23, 2010, 4:12 pm - IP Logged

                              I guess if it were me....

                              I'd have to win first. What are the odds?

                              Then would I be able to claim anonymously or not?

                              If I was required to go public....the only people I would trust would be my parents and brother... work out some kind of an arrangement where they would claim, set up an entity that would allow the assets to be shielded and I could share the wealth.

                               

                              If it were anonymous, I would get the divorce over with, claim with a trust and work out some arrangement to payoff the mortgage, car payments and any cc balance. Perhaps an offshore trust?

                              Can a trust be set up that would allow you to receive payments to take care of necessities for yourself....like living expenses, care for minor children? I would not want an ex to get a dime.  I would want my kids to be taken care of, but not spoiled.

                              I have read up on trust law and it doesn't state when an income stream can be provided to the person setting up the trust or to the beneficiary of the trust.

                              I guess my interest in this comes from the things that I have read. I would almost like to write a screenplay...a hardluck/comedic story where the good guy wins in the end.... Kind of like an Adam Sandler movie....