Can my soon to be x husband get my lottery winnings that I just won??

[Jess marie]

CaliforniaWhat is the name of your state (only U.S. law)?

I was planning on divorcing my husband while he is incarcerated but then I found out that I won the lottery can he get any of my winnings??

 

[Proserpina]

CaliforniaWhat is the name of your state (only U.S. law)?

I was planning on divorcing my husband while he is incarcerated but then I found out that I won the lottery can he get any of my winnings??

Why yes, yes he can.

Speak to an attorney.

 

[Jess marie]

x husband and the lottery

He can still get half the winnings even if he owes a lot of back child support and has not brought in any source of income during our marriage?

 

[Silverplum]

He can still get half the winnings even if he owes a lot of back child support and has not brought in any source of income during our marriage?

Read post 2.

 

[single317dad]

This very much depends on your ability to prove a date of permanent separation (and your spouse's ability to prove you are not separated).

See post #2.

 

[LdiJ]

This very much depends on your ability to prove a date of permanent separation (and your spouse's ability to prove you are not separated).

See post #2.

Offsets for child support arrears would factor in as well.

If its a 100k lottery win, and he owes 60k in arrears to the lottery winner, he is not going to get anything other than his arrears being wiped out by 50k. On the other hand, if there is an actual child support order in place, to the winner, that goes a long way towards proving legal separation.

 

[Silverplum]

Offsets for child support arrears would factor in as well.

If its a 100k lottery win, and he owes 60k in arrears to the lottery winner, he is not going to get anything other than his arrears being wiped out by 50k. On the other hand, if there is an actual child support order in place, to the winner, that goes a long way towards proving legal separation.

But...but...what about TAXES??

Did you forget TAXES???

 

[LdiJ]

But...but...what about TAXES??

Did you forget TAXES???

You are correct, I did not address taxes. Taxes would be assessed to the winner so it would be necessary to argue that IF the proceeds were to be divided in some manner in a divorce proceeding that they should be divided net of tax. Ownership of the lottery ticket could be litigated before cashing it in so that each party would be responsible for their own tax, but in general, that would be risky because the deadline for cashing in a lottery ticket could easily expire before the end of the litigation. Most lotteries have a 180 day deadline and litigation could easily last much longer than that.

 

[Silverplum]

You are correct, I did not address taxes. Taxes would be assessed to the winner so it would be necessary to argue that IF the proceeds were to be divided in some manner in a divorce proceeding that they should be divided net of tax. Ownership of the lottery ticket could be litigated before cashing it in so that each party would be responsible for their own tax, but in general, that would be risky because the deadline for cashing in a lottery ticket could easily expire before the end of the litigation. Most lotteries have a 180 day deadline and litigation could easily last much longer than that.

Excellent info.

I was all that you didn't mention taxes!

 

[LdiJ]

Excellent info.

I was all that you didn't mention taxes!

After your post I was all that I didn't mention it either.

 

[Proserpina]

He can still get half the winnings even if he owes a lot of back child support and has not brought in any source of income during our marriage?

Pretty sure nobody said he could get half.