can I get part of husbands lotto winnings even though we were seperated at the time he won.

This is a tough one.  Generally, he will probably be entitled to keep all the winnings, since he obtained them during the separation period.  However, if there is no prenuptial agreement, property settlement agreement or divorce order, then he has not done any of the standard things that would protect him from a claim by you.  So, there may be some way you could still make a claim, perhaps as a request for spousal support.  Since it sounds like a divorce needs to be filed anyway, it would certainly be worth exploring all the options to see if you have a claim on any of this money.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.