QUESTION
Does my wife have rights to my lottery winnings?
Asked on May 03rd, 2013 on Divorce - Arizona
More details to this question:
We were were married. We separated, and I began living with a friend. My wife of 6 years filed for divorce. On March 10, a hearing was held to end the marriage, but because my former wife's attorney sent me a notice with the wrong date, a new hearing date was set. In the meantime my new friend and I won a $700,000 jackpot in the Arizona state lottery. At the rescheduled hearing my former wife claimed an interest in one-half of the winnings. Should the judge award it to her?
2 ANSWERS
Generally speaking, the community ended on the date the Petition for Dissolution was served (not the date the divorce was final). Also generally speaking, if the lottery ticket was purchased PRIOR to service of the Petition, then the winnings are community property (subject to division). If the lottery ticket was purchased AFTER service of the petition, then the winnings are sole and separate property, not subject to division. I recommend you consult with an attorney to discuss this matter further.
Answered on May 07th, 2013 at 3:27 PM
It depends. What was the source of the funds you used to play? If community, then the winnings may be community. If separate, then the winnings ay be separate.
Answered on May 06th, 2013 at 11:49 PM