Lottery Winnings - What happens when you divorce

We all dream of winning the Lottery, butr would that dream turn into a nightmare if you then got divorced? Would your spouse be entitled to a share of your winnings?

The High Court recently had to consider this question when a man brought financial proceedings against his former wife.

The wife and her friend played the Lottery as a syndicate and had signed a syndicate agreement. They were lucky and won £500,000 each. The wife used £390,000 to buy a family home, the deed for which was in her sole name.

The husband lived there for just four years before they separated. What the Court had to decide was, should he receive anything from his wife's winnings?

Matrimonial Property

The real question the Court had to answer was to what extent the winnings could be considered matrimonial property. The wife was said to have converted her prize into matrimonial property when she bought the house. However, it was her prize and her husband had lived there only for a short period. He was entitled to something, but not a half share.

The Court awarded the husband £85,000.

Get Advice!

if you are divorcing and have money or property which has not been created by the endeavours of you and your spouse during your marriage, your spouse may not necessarily be entitled to a half share, or even to anything at all.

How the matter is decided will depend on your circumstances. Property you bring with you to the marriage, as well as gifts or inheritances received, are all considered in this way.

If you would like to talk to a family lawyer specialising in financial matters, Switalskis Family Law team can help. Call us on 0800 422 0243, or complete our Contact Form and we will call you back.