Lottery Winnings- Is Your Spouse Entitled to Your Lottery Winnings

Lottery Winnings
14 Feb

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.

Read More: 4 Key Points To Note About Property Settlements

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:

Frequently Asked QuestionsHow to give money to your 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

Need help? Contact the Brisbane family lawyers team at James Noble Law today for a FREE, no-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.

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