Finance

Do I Get My Ex’s Lottery Money if We’re Still Legally Married?

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Pricey Penny,

I left my husband in 1990. We have been in a bitter custody battle for 2 years earlier than I left. I used to be awarded sole custody. He had visitation rights, which he by no means used. Lengthy story quick, he by no means noticed our youngsters from the time I left him.

He was on Social Safety Incapacity, which meant the kids obtained cash from Social Safety. He needed to pay baby help, which he was behind on for a number of years. Little one help enforcement was very new at the moment in my state, so attempting to get them to go after him grew to become a nightmare.

My legal professional on the time had the help order modified so it got here instantly from his SSD examine. For me, it was the top of a nightmare of infinite court docket battles. We by no means received divorced. There was no purpose apart from I used to be mentally drained with him attempting to financially smash me.

I raised three fantastic sons. Not too long ago, my oldest son knowledgeable me that he was advised my ex gained a considerable amount of cash in our state lottery.

As I discussed we’re nonetheless married legally, so I do know I’m entitled to a portion of that cash. How would I’m going about discovering out how a lot he gained and if he claimed it himself or had another person do it?

I also needs to point out he lower off the household’s medical health insurance that he was ordered to pay till the youngest baby turned 21, which brought on me monetary pressure. On the time, I used to be paying $650 a month for a household plan in 2004. Little one help additionally ended at the moment. He was imagined to pay for insurance coverage for 3 extra years.

My sons need nothing to do with him and don’t need me to pursue this. I’m torn on whether or not to proceed or not. 

-Separated for 30 Years

Pricey Separated,

You may examine your state’s lottery web site to see in case your estranged husband is listed among the many winners. Even when he didn’t settle for an enormous examine at a information convention, his title could also be listed in accordance together with your state’s open information legal guidelines.

But it surely’s additionally getting simpler to maintain your title personal whenever you win the jackpot. Eleven states — Arizona, Delaware, Georgia, Kansas, Maryland, New Jersey, North Dakota, Ohio, South Carolina, Texas and Virginia — now permit lottery winners to remain nameless.

The opposite 39 states require that winners’ names turn into a part of the general public document, at the very least in idea. What meaning is that even when the state doesn’t show the names of all winners on its lottery web site, you need to have the ability to ask the state’s lottery for the names of winners.


However in follow, these information are sometimes ridiculously troublesome for the general public to acquire. A workforce of six journalists from the Columbia Journalism Assessment made 100 public information requests to state lotteries and located that many ignored or declined the requests, redacted data, or claimed the request would end in exorbitant charges. Additionally, winners can usually keep away from making their names public by organising a belief or an nameless LLC.

That was my long-winded method of claiming: Simply since you don’t discover proof that your ex gained the lottery doesn’t imply it didn’t occur. I’m inquisitive about the one that advised your son of your ex’s winnings. Was it somebody your son trusts who would really be aware of this data? Or did this information come from a pal of a pal’s second cousin twice eliminated? I get that your sons don’t need you going after this cash. However convincing your eldest to get a number of extra particulars from the supply could be the best place to begin.

It might definitely make for poetic justice in case your husband needed to break up his lottery winnings with you. Sadly, although, you shouldn’t assume that you simply’ll be entitled to your husband’s cash — that’s, if it really exists.

The legal guidelines for property acquired after a pair has separated fluctuate by state. Many states deal with property one partner acquires after a everlasting separation as belonging solely to them. Discuss to an legal professional in your state. Your legal professional might be able to assist you determine whether or not your husband really gained. If he did win, your legal professional can inform you whether or not you have got a respectable declare.

Clearly, you possibly can anticipate a nasty struggle in case you proceed. However I feel it’s value pursuing if this cash exists and your legal professional thinks you have got an inexpensive shot at getting a part of it. You should be made financially complete in any case these years.

Even when this seems to be a rumor, contemplate finalizing your divorce already. Strolling away together with your ex’s lotto cash would definitely be a candy parting present. However even when there isn’t any cash, it’s time to sever your ties with this man after 30 years.

Robin Hartill is a licensed monetary planner and a senior author at The BaghdadTime. Ship your tough cash inquiries to [email protected].


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