Vancouver lottery winner loses in divorce case

Apr 17, 2007, 8:36 am (29 comments)

After the Big Win

A $10 million lottery windfall brought an estranged Vancouver couple back together.

But eight years later, the marriage wound up in divorce court with a sticky issue to be resolved: What should be done with $2.2 million in an account the husband claimed was for his personal use?

In granting their divorce last week, B.C. Supreme Court Justice Heather Holmes ruled the $2.2 million must be split between Minh Kien Le, 58, and his ex-wife, Mai Huong Cao, 55.

The couple escaped with their two young children by boat from their native Vietnam after the fall of Saigon in 1975.

They settled in Terrace and later moved to Vancouver and scraped together enough money to buy a house on Fraser Street.

Le was laid off in 1996 and did odd jobs for cash until he became a multimillionaire in the Dec. 23, 1999 Super 7 draw.

After his win, Le gifted his three children $1.5 million each.

Together, the couple built a new house on West 59th Avenue and put it in Cao's name.

Both sides agreed that interest from a joint account containing $2.2 million paid household expenses of about $115,000 a year and should be divided equally.

But Le considered $2.2 million in an account in his name alone to be his, although he used some of the money for family purposes.

That was enough to satisfy the law on splitting assets.

"Challenged about how he could have paid from the joint account all the family expenses set out in his financial statement, [Le] responded that he would withdraw amounts from the second fund and place them in his own checking account as necessary to pay family or other expenses," said the judge, noting that amounted to paying the expenses from the second fund.

Vancouver Province

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chasingadream's avatarchasingadream

lol bless his lil heart.....he tried

OldSchoolPa's avatarOldSchoolPa

Although my wife and I have made a pact that we will never consider divorce as an option in our relationship, this is exactly why men and women who play the lottery absent their spouses participation should keep any win secret.  Just kidding.  But actually I wouldn't tell my wife if I ever won the lottery...she doesn't condone me playing it, so since she doesn't know I still play it, she doesn't need to know when I win it either.  Great logic don't you think?!  Well, hopefully for this guy he is on good terms with his children....he might need a place to stay since the house is in her name...how smart was that now?!!!

tnlotto1's avatartnlotto1

im single and i dont have any kids but it sounds like winning the lottery does put a strain on a few relationships.

Coin Toss's avatarCoin Toss

OlsSchoolPa

"...she doesn't condone me playing it, so since she doesn't know I still play it,..."

If she's lurking on this board she knows now...

 Green laugh

Sorry, but just couldn't resist 

justxploring's avatarjustxploring

I know Old School is joking, but it doesn't matter whether someone's spouse approves or disapproves of the lottery or what a person tells his/her spouse.  Although the Law in each state is different, if 2 people are legally married when the ticket is purchased, then it usually is considered to be joint property.  Sure it's very possible to hide assets, and many people do, but that means you are lying on a legal document about them.  You can always get a cheap no-contest divorce, but it's still lying if you don't list the lottery ticket where it asks you to list your income, your property and its estimated value.

jeffrey's avatarjeffrey

Money creates many options. Unfortunately, many couples stay together for financial reasons. Excess funds give people the option of looking for more personal happiness; hence, they divorce. It may be for the best.

RJOh's avatarRJOh

I remember years ago when Ohio SuperLotto had $50M+ jackpots, a guy from Pennsylvania and his wife had drifted apart and was pretty much living their own lives happily with no problems until he won the Ohio lottery jackpot of $60M.  His wife had shacked up with some guy and he claimed his girlfriend/co-worker was a co-owner of his winning ticket thinking he would avoid splitting his winnings with his estrange wife.  His wife went to court and divorced him and also got half of his share of the winnings and the girlfriend decided to go her own way with her half and he ended up with just a quarter of the winnings which should have been all his.

OldSchoolPa's avatarOldSchoolPa

Quote: Originally posted by RJOh on Apr 17, 2007

I remember years ago when Ohio SuperLotto had $50M+ jackpots, a guy from Pennsylvania and his wife had drifted apart and was pretty much living their own lives happily with no problems until he won the Ohio lottery jackpot of $60M.  His wife had shacked up with some guy and he claimed his girlfriend/co-worker was a co-owner of his winning ticket thinking he would avoid splitting his winnings with his estrange wife.  His wife went to court and divorced him and also got half of his share of the winnings and the girlfriend decided to go her own way with her half and he ended up with just a quarter of the winnings which should have been all his.

This is why I wouldn't tell my wife...not that we would get a divorce...I do not fear that...rather it is the point that she doesn't believe that I am still playing the lottery...so if I told her I (we) had won, she would know that I had not stopped playing the lottery.  In this case, this guy brought this all upon himself...sucker!  But at least he is a 1/4 Ohio SuperLotto jackpot sucker...better that than a never have won the jackpot sucker!

OldSchoolPa's avatarOldSchoolPa

Quote: Originally posted by justxploring on Apr 17, 2007

I know Old School is joking, but it doesn't matter whether someone's spouse approves or disapproves of the lottery or what a person tells his/her spouse.  Although the Law in each state is different, if 2 people are legally married when the ticket is purchased, then it usually is considered to be joint property.  Sure it's very possible to hide assets, and many people do, but that means you are lying on a legal document about them.  You can always get a cheap no-contest divorce, but it's still lying if you don't list the lottery ticket where it asks you to list your income, your property and its estimated value.

I wouldn't be trying to hide assets...oh my wife would know that our investment account would be huge...she would just think that I found a nice line of wealthy clients and businesses in my line of work...she would never know were the proceeds came from...yes, I know I would have to file taxes and that the lottery commission would send me a W-2G with "Lottery Commission" clearly printed on the outside of the envelop...that is why I would direct all lottery commission mail to a newly opened Post Office Box at my local post office and when we have our taxes done by a tax pro, I would cover up the line for lottery/gambling winnings as we review it so that she never sees the source (that might be the weak link in all my plans to keep it secret from my wife).  And no, she doesn't surf lottery websites...she's more into the fundamental christian websites.

tnlotto1's avatartnlotto1

Quote: Originally posted by RJOh on Apr 17, 2007

I remember years ago when Ohio SuperLotto had $50M+ jackpots, a guy from Pennsylvania and his wife had drifted apart and was pretty much living their own lives happily with no problems until he won the Ohio lottery jackpot of $60M.  His wife had shacked up with some guy and he claimed his girlfriend/co-worker was a co-owner of his winning ticket thinking he would avoid splitting his winnings with his estrange wife.  His wife went to court and divorced him and also got half of his share of the winnings and the girlfriend decided to go her own way with her half and he ended up with just a quarter of the winnings which should have been all his.

that story is a nightmare because he had to give money to people who didnt want him anymore... but at least like the person above me said he has a quarter of the jackpot...Confused

OldSchoolPa's avatarOldSchoolPa

RJOH:  you mean to tell me that Ohio had a SuperLotto similar to California's Superlotto...starting at $7 million and increasing with each rollover just slightly less so than MM or PB?  What happened?!  I see your current lotto is getting up there, but it can't compare with CA SuperLotto.

LuckyLilly's avatarLuckyLilly

Quote: Originally posted by RJOh on Apr 17, 2007

I remember years ago when Ohio SuperLotto had $50M+ jackpots, a guy from Pennsylvania and his wife had drifted apart and was pretty much living their own lives happily with no problems until he won the Ohio lottery jackpot of $60M.  His wife had shacked up with some guy and he claimed his girlfriend/co-worker was a co-owner of his winning ticket thinking he would avoid splitting his winnings with his estrange wife.  His wife went to court and divorced him and also got half of his share of the winnings and the girlfriend decided to go her own way with her half and he ended up with just a quarter of the winnings which should have been all his.

I disagree that it should have been all his.  Legally, half belonged to his estranged wife.  Then he had to go and try to cheat her out of her share by involving a person who would not have had a claim otherwise, and the fool ended up with only half of his share.

I think justice was served, and if I were his estranged/ex-wife wife, I'd be laughing my ass off everytime I enjoyed spending my full share.

Just one more reason to see a GOOD attorney before hopping off to cash the ticket. 

RJOh's avatarRJOh

Quote: Originally posted by OldSchoolPa on Apr 17, 2007

RJOH:  you mean to tell me that Ohio had a SuperLotto similar to California's Superlotto...starting at $7 million and increasing with each rollover just slightly less so than MM or PB?  What happened?!  I see your current lotto is getting up there, but it can't compare with CA SuperLotto.

At the time Ohio had the best game in the area, its jackpot increased $4M or more after every drawings if no one won so people from all five surrounding states played and often won.  Then Ohio decided that the maximum amount it would pay on a single ticket was $20M regardless of the jackpot size because some lawmakers thought more than $20M was more than a single player deserved and out of state players stopped playing.  Before Ohio got rid of that rules the other states lotteries became more popular and Ohio never regain it popularity and it added MegaMillions after Ohioan started going out of state to play PowerBall and BigGame.

RJOh's avatarRJOh

Quote: Originally posted by LuckyLilly on Apr 17, 2007

I disagree that it should have been all his.  Legally, half belonged to his estranged wife.  Then he had to go and try to cheat her out of her share by involving a person who would not have had a claim otherwise, and the fool ended up with only half of his share.

I think justice was served, and if I were his estranged/ex-wife wife, I'd be laughing my ass off everytime I enjoyed spending my full share.

Just one more reason to see a GOOD attorney before hopping off to cash the ticket. 

When his wife became estranged and started shacking up with another guy he should have divorced her then but that's what happens when a person doesn't take care of those legal things in a timely manner. 

If he wasn't planning on having a family with any those women then he would have been better off to have just played house and that way he could have just moved on when he won the lottery and kept it all.

justxploring's avatarjustxploring

Quote: Originally posted by OldSchoolPa on Apr 17, 2007

I wouldn't be trying to hide assets...oh my wife would know that our investment account would be huge...she would just think that I found a nice line of wealthy clients and businesses in my line of work...she would never know were the proceeds came from...yes, I know I would have to file taxes and that the lottery commission would send me a W-2G with "Lottery Commission" clearly printed on the outside of the envelop...that is why I would direct all lottery commission mail to a newly opened Post Office Box at my local post office and when we have our taxes done by a tax pro, I would cover up the line for lottery/gambling winnings as we review it so that she never sees the source (that might be the weak link in all my plans to keep it secret from my wife).  And no, she doesn't surf lottery websites...she's more into the fundamental christian websites.

It's really none of my business OldSchool.  I am certainly no expert when it comes to marriages.  I just would never keep a secret like that from my spouse.

Anyway, I think your wife may be much smarter than you think.  If you are self-employed and use Form 1040 along with Form SE and Schedule C, etc.,  it would be next to impossible to hide what you won only because you wouldn't be showing that income on those forms. I see you already thought of that.  Depends on your relationship anyway.  My mother never looked at a tax return in her life AFAIK. I'm sure she would have just signed whatever my Dad put in front of her.  However, I doubt if he hid anything from her.

BTW, don't think Fundamentalist Christians aren't on LP...  LOL!   Many very religious people might want to hide playing the lottery from their church, but nobody's perfect!  As I said, it's none of my business and I don't judge other people's personal relationships.  I just think it's ironic that someone who is secretly doing something doesn't consider that the person he is hiding that secret from is capable of also secretly doing something.  I'm not talking about you (really) but let's say a man is cheating on his wife.  He'll go out and sneak behind her back and then get furious (and hurt) when he finds out she's been having an affair!  "OMG!  How can she do that to me?" 

OldSchoolPa's avatarOldSchoolPa

justxploring:

Yeah, I know in some camps what I am doing might be considered foul play...doing anything that one must keep a secret from their spouse...but in discussions like this with my wife, we have agreed that their are times when we have to agree to disagree and keep loving each other.  However, she was really adamant THAT I NOT PLAY the lottery...kind of like she was commanding me as though I were a child.  Of course, you know what usually happens when you tell a child not to do something that they see nothing wrong in doing...they do it anyway behind their parents' backs.  Now I definitely do not consider myself a childish person.  I believe in taking care of all my responsibilities.  But I also see playing the lottery as one of my recreational outlets just like playing golf.  I figure that this is one recreational outlet that actually benefits a good cause whether I win or not...and should I happen to win, then in my eyes, that's truly a win-win situation!

LuckyLilly's avatarLuckyLilly

Quote: Originally posted by RJOh on Apr 17, 2007

When his wife became estranged and started shacking up with another guy he should have divorced her then but that's what happens when a person doesn't take care of those legal things in a timely manner. 

If he wasn't planning on having a family with any those women then he would have been better off to have just played house and that way he could have just moved on when he won the lottery and kept it all.

Yep, all it would have taken was to get divorced before he or she started shacking up with anyone else.  Then he wouldn't have felt the need to offer to split the jackpot with his girlfriend in order to keep it away from his estranged wife, and he could have kept the whole thing instead of 25%.

I wonder if he still has any of it left?  He doesn't seem to be the type to plan for the future or to make good decisions.  LOL

Guru101's avatarGuru101

Wouldn't the spouse only get half if you already claimed it? Lets say you won a big jackpot, but you haven't claimed it yet, and you get a divorce, then you claimed it. I mean, if you haven't claimed it yet, there wouldn't be anything to show a huge income accumulation. Just keep the ticket hidden until the divorce is over?

psykomo's avatarpsykomo

Quote: Originally posted by justxploring on Apr 17, 2007

It's really none of my business OldSchool.  I am certainly no expert when it comes to marriages.  I just would never keep a secret like that from my spouse.

Anyway, I think your wife may be much smarter than you think.  If you are self-employed and use Form 1040 along with Form SE and Schedule C, etc.,  it would be next to impossible to hide what you won only because you wouldn't be showing that income on those forms. I see you already thought of that.  Depends on your relationship anyway.  My mother never looked at a tax return in her life AFAIK. I'm sure she would have just signed whatever my Dad put in front of her.  However, I doubt if he hid anything from her.

BTW, don't think Fundamentalist Christians aren't on LP...  LOL!   Many very religious people might want to hide playing the lottery from their church, but nobody's perfect!  As I said, it's none of my business and I don't judge other people's personal relationships.  I just think it's ironic that someone who is secretly doing something doesn't consider that the person he is hiding that secret from is capable of also secretly doing something.  I'm not talking about you (really) but let's say a man is cheating on his wife.  He'll go out and sneak behind her back and then get furious (and hurt) when he finds out she's been having an affair!  "OMG!  How can she do that to me?" 

GULL's not Stupid

FESS-up BOUY's>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

WHAT are the GULL's>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

GOOD FOR??????

LuckyLilly's avatarLuckyLilly

Quote: Originally posted by Guru101 on Apr 17, 2007

Wouldn't the spouse only get half if you already claimed it? Lets say you won a big jackpot, but you haven't claimed it yet, and you get a divorce, then you claimed it. I mean, if you haven't claimed it yet, there wouldn't be anything to show a huge income accumulation. Just keep the ticket hidden until the divorce is over?

Or they could get their butts hauled back to court (and maybe jail?) for attempting to conceal assets.  If you live in a state where there's no anonymity, you know the ex is gonna find out.

psykomo's avatarpsykomo

Quote: Originally posted by LuckyLilly on Apr 17, 2007

Or they could get their butts hauled back to court (and maybe jail?) for attempting to conceal assets.  If you live in a state where there's no anonymity, you know the ex is gonna find out.

EQUAL for ...................................................................................!!!!

Boooooooooooooooouuuuuuuuuuuuuuuuuuuuuyyyyyyyyyy'ssssss

or>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

or>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

GULL$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Party.............................Agree with stupidLeavingPuke

RJOh's avatarRJOh

Quote: Originally posted by Guru101 on Apr 17, 2007

Wouldn't the spouse only get half if you already claimed it? Lets say you won a big jackpot, but you haven't claimed it yet, and you get a divorce, then you claimed it. I mean, if you haven't claimed it yet, there wouldn't be anything to show a huge income accumulation. Just keep the ticket hidden until the divorce is over?

A California woman tried that a few years ago.  She was in an office pool that won the lottery and since her husband wasn't working and she didn't want to support him, she divorced him before he found out about her lottery winnings.  She was fine for a year until he found out about it (she was doing too good without him) so he went back to court to redo their divorce settlement and the judge was so mad at her deceit that he ordered her to give it all to her ex-husband.  I think she appealed that decision. 

Once you choose a mate and make it legal, they earn half of what you accumulate during the marriage by just being around.

Guru101's avatarGuru101

Do you think anyone would sue their spouse if their spouse won a jackpot immediately after the divorce?

RJOh's avatarRJOh

Quote: Originally posted by Guru101 on Apr 17, 2007

Do you think anyone would sue their spouse if their spouse won a jackpot immediately after the divorce?

Why not, people who only shared a booty call have sued why not a spouse?

denniswaite

In Re  the  above  case  ......  this  case  is  not  subject  to  US laws ;

the  above case  would  be  in  each  state  court  then after  5  years   appealed to  federal  district  court  and  about $$ 265,000  in  legall fees  latter ,Smash before  reaching  the  US SUPREAM  COURT  if  the  court  would  hear  it ....The  best  deal  he  could  have  expected  was  50-50  :

He  could  take  the  money  back  from  the  kids  legaly  but  not  from   his  ex-wife  ...Evilbut  whats  this  old  bag  gonna  do  withPukeso  much  money ...she  will  most  likely   get  the  best  outfits  money  can  buy  start   sleeping  with any  one   who  wanted  her  then  those  other  men  -  will  end  up   pumping  her  for  the  loot  she  stole  from  her  husband;

doggie  doggie Mad

justxploring's avatarjustxploring

Quote: Originally posted by Guru101 on Apr 17, 2007

Do you think anyone would sue their spouse if their spouse won a jackpot immediately after the divorce?

I think it depends on the divorce agreement.  If you have children and child support is based on income, then it makes sense that the State would increase the child support.  That might be automatic in some cases.

I don't think a ex-wife or ex-husband is entitled to any money won after the divorce is final unless the winner was behind in his/her obligations.  Let's say 2 people agree to payoff their debts.  If one falls behind because he used the money to gamble, I'd say the other has a pretty good shot at collecting some of the prize money if negligence could be proven.

BabyJC's avatarBabyJC

If the CA woman had won herself (instead of as part as an office pool), kept it quiet and then divorced her husband (and waited the six months to become final) BEFORE cashing in her lotto ticket - Would that have been a better plan in what she was trying to do/get away with?

RJOh's avatarRJOh

There probably are spouses that have gotten away with cheating their exes out of a fair share of what was accumulated during their time together but only the ones that got caught ever made the news.

KY Floyd's avatarKY Floyd

Quote: Originally posted by BabyJC on Apr 18, 2007

If the CA woman had won herself (instead of as part as an office pool), kept it quiet and then divorced her husband (and waited the six months to become final) BEFORE cashing in her lotto ticket - Would that have been a better plan in what she was trying to do/get away with?

Unless you live someplace where your spouse isn't entitled to a share of the assets accumulated during the marriage, one of the routine parts of a divorce is an accounting of all assets in order to determine an equitable division of those assets. A winning lottery ticket is an asset, so it has to be disclosed. As in the case noted above, attempting to conceal assets is a good way to lose them.

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