Lottery Winnings

Ever since a majority of states acquired “lottery fever,” there have been a growing number of news stories and court opinions about how lottery winnings are to be divided in the event of a divorce. Sometimes the issue arises when one spouse wins a big lottery after the couple separates, but before a divorce becomes final. The spouse who bought the lottery ticket wants to keep all the winnings for himself or herself, while the other spouse wants a piece of the action.

The rule in most states is that if the winnings came from a lottery ticket purchased during the marriage—even if the parties were separated—the winnings are marital or community property, which means they can be divided between the husband and wife. In some states, however, the winner may keep all if the parties had already separated.