If won the lottery, is my husband entitled to any of the money if we now divorce?

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If won the lottery, is my husband entitled to any of the money if we now divorce?

Since I finally have some money, I can get a divorce. I’ve been wanting this for some time.

Asked on November 24, 2018 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Typically, any items acquired during a marriage is considered to be marital property and as such it is subject to division in a divorce action. Therefore, a spouses's earnings are deemed to be marital income. That's why when you buy something with marital income then that item becomes marital property. Further, if that property purchased gains in value, such in the case of a lottery ticket, the appreciation between the purchase price of the ticket and the total winnings is subject to a divorce settlement. However, whether or not your husband receives 50% of the plottery roceeds is a determination to be made at a judge’s discretion.


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