Lottery Winnings- Is Your Spouse Entitled to Your Lottery Winnings
What if your Spouse Entitled to Your Lottery Winnings?
At one point or another, everyone has thought about the possibility of winning the lottery. But what happens to the lottery winnings if you are currently in a marriage?
In the case of Elford & Elford, the court heard an appeal in relation to property settlement at the end of a relationship. In this case, Mr. Elford has won approximately $622,000 in the first 12 months of the couple’s marriage.
After placing the money into an interest-earning account, the amount totaled over $1,000,000.00 at the time of separation. The Wife argued that the money should be considered as ‘joint’, as the contribution was made during the course of the marriage.
The court dismissed the Wife’s appeal and held that Mr. Elford was solely responsible for the financial contribution.
Why Would the Lottery Winnings Not Be Split?
The unique, and perhaps predominant feature of this case, was that the couple throughout the course of the marriage had kept their financial assets separate.
The Husband’s accounts were used to pay expenses associated with property and utilities and the Wife’s accounts were used to pay for expenses relating to the three children (to a previous marriage) and groceries.
The couple did not have a joint bank account. Some additional factors the Court considered included:
- Elford was responsible for purchasing the ticket;
- Elford chose the winning numbers himself;
- The winning ticket was assigned to Mr. Elford’s name only’ and
- The winnings were placed in the personal account of Mr. Elford.
Although this case featured very distinctive features that allowed the Court to view the winnings as the financial contribution of only one party, it does show how assets can be treated in property settlements.
Frequently Asked Questions:
How to give money to family after winning the lottery Australia?
You don’t have to decide directly what to do with your money; It’s not going anywhere. Until you make that decision, the advice we usually give to lottery winners is to keep it in all high-interest bank accounts.
Is my partner entitled to my lottery winnings?
If the marriage ends the other spouse is no longer entitled to a portion of that interest. But if you win the lottery at the time of marriage, you will have to share the money with another wife. In fact, a judge can reward the winning wife with all the wins.
Can ex-wife claim lottery winnings?
If you do not take steps to sever the financial relationship with the ex after the divorce, they may be part of your lottery win in the future.
For example, if you want to win the lottery 30 years after your divorce, your ex may, theoretically, claim a share of your winnings.
What happens if you win the lottery after divorce?
If a winning ticket is purchased after the divorce has been finalized, it will not be considered marital property. However, it can be considered as income for the purpose of child support and privacy determination.
If you have any query, Please talk to Family Lawyers > 1800 662 535
Tags: 24 hour lawyer, brisbane family lawyers, Can ex wife claim lottery winnings, Can you hide lottery winnings from your spouse, divorce Property Settlement Examples Australia, divorce property settlements, do you have to tell your spouse if you win the lottery, family law act qld, family law solicitors brisbane, family lawyers brisbane cbd, Free Lawyers Brisbane, how is lottery paid out in australia, how long does it take to get lotto winnings australia, how to give money to family after winning the lottery australia, how to hide lottery winnings from your spouse, how to protect lottery winnings from ex wife, if i win the lottery can i give money to my family australia, Is my partner entitled to my lottery winnings, James Noble Law, Lottery Winnings, lotto winnings, Property Settlement, tax on lottery winnings, What happens if you win the lottery after divorce, what happens when you win lotto, what happens when you win lotto australia, what happens when you win the lottery, What percentage of lottery winners get divorced, what to do if you win lotto australia, what to do if you win the lottery australia, What To Do With Lottery Winnings, winning the lottery when separated, winnings, winnings brisbane