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Who Gets To Keep the Lottery Proceeds after a Divorce?

Law
UPDATED: April 3, 2017

Being lucky in life has many different definitions. A lottery win can bring you financial stability, where news of infidelity can rock your family life and lead to ugly divorces.

So what do you do when both the circumstances combine? Let us find out how the court makes a decision regarding the split in the lottery money in case a couple is headed for divorce.

All divorce lawyers in Brisbane will consistently tell you that the family court in Australia has always favored dividing the lottery wins that have occurred during the course of the marriage or relationship equally between were the parties.

If the court finds out that the purchase of the ticket has been done with the shared joint income of both the parties then the winnings which is received is treated as a joint income.

However, in the recent history there has been many instances where divorce lawyers in Brisbane have successfully argued that the lottery winnings during the relationship is not exclusively a joint property but rather that a sole partner has made the complete contribution to the winning.

The decision of the court is largely influenced by the type of relationship which the parties shared when the lottery ticket was purchased, and the manner in which both the husband and wife have conducted their financial affairs after they received the winnings from the lottery.

The name on the winning ticket again plays a very big role in deciding who gets to keep the proceeds. If the winning ticket is in the wife’s name and the funds are deposited into the wife’s bank account, it is likely that the wife has kept the winnings all to her and treated the property as her own.

Last but not the least, the time frame during which the winning ticket was purchased by either party during the relationship has a profound effect on the fate of the money. If a ticket was purchased after marriage then it is most likely will be regarded as a joint property in a situation where were the parties deal with their finances together. However if your divorce lawyers in Brisbane can successfully prove that their client has led a financially separate life in a different relationship including the time of winning the ticket, the decision might come in their favor.

If you have any kind of child support obligation towards your former spouse, your lottery winnings can be considered as a part of your income for calculating the amount which you should pay as child support. However, if your divorce on child support matter has been finalized before you win the lottery ticket you can then ask for a modification action in order to increase your child support or alimony.

If you win the lottery during the process of divorce it is highly likely that the court will consider the lottery winnings as part of the marital estate and divide them as property. If you win a lottery during or before the process of your divorce it is important that you seek legal help from divorce lawyers in Brisbane, if you do not want to part with your lottery winnings.

Newwaylawyers.com.au is a firm who has been providing invaluable service to thousands of Australian at an affordable rate for years.  The services offered by NWL’s divorce lawyers in Brisbane are at par with the best service providers in Australia.

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