Sharing Lottery

[GeeWhiz]

What is the name of your state? Cailfornia

Do you have to share any lottery winnings with your spouse if won before you divorce?

 

[gatorguy3]

If it was before any "legal" separation then it would be considered an asset of the marriage. You will have to check your statutes to see what legal separation includes.

 

[Happy Trails]

What is the name of your state? Cailfornia

Do you have to share any lottery winnings with your spouse if won before you divorce?

How much did you win? J/K

CHAPTER M-1.1
Marital Property Act

http://www.gnb.ca/0062/acts/acts/m-01-1.htm

 

[gatorguy3]

Although, I have given much thought to what I would do if I found out I had the winning ticket. It would definitely involve someone else claiming the winnings. I would not wish to chance a split

Yes, I so love my ex.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Cailfornia

Do you have to share any lottery winnings with your spouse if won before you divorce?

My response:

Yes. The proceeds from a cause of action based on a right that accrued during marriage are community property and divisible as such (unless otherwise provided by statute) even though not realized until after separation. [Marriage of Biddle (1997) 52 Cal.App.4th 396, 400, 60 Cal.Rptr.2d 569, 571-572 & fn. 5 (qui tam cause of action; analogizing to lottery ticket winnings)

And just in case you might get some sort of bright idea to try to hide the fact that you won, and decide to hide the money, just remember that a spouse who, during dissolution proceedings, deliberately hides assets or intentionally misrepresents or conceals facts bearing on the existence or value of community property interests is subject to the Family Law Code § 1101(h) 100% penalty for "fraud." [Marriage of Rossi (2001) 90 Cal.App.4th 34, 42, 108 Cal.Rptr.2d 270, 276--W's intentional concealment of lottery winnings from H constituted "fraud" within meaning of Ca Civil § 3294, resulting in 100% award of same to H pursuant to § 1101(h)]

IAAL