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What happens to lottery winnings during divorce proceedings ?

Anonymous Asked:

We have been married for 10 years and have three children. We are going through divorce proceedings now and the division of property. We won the lottery, cash for life which was placed in my husband's name. My husband feels that this money is an annuity and thus not eligible for equal division. My question is very simple, am I legally entitled to half of the value of the winnings for life, even after the finalization of the divorce?

Expert Comment:

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Andrew Heft
9 years ago

The question is too complex to answer easily given the information you have
supplied us. Notably, it would be important to know which province you
currently reside in, who actually won the prize and what were the parameters
of the agreement between yourself and your spouse when you decided to place
the prize in your husband’s name. Prizes such as these are normally
considered annuities but the exact contract would have to be reviewed. We
recommend you consult a lawyer in order to evaluate your situation based on
the above mentioned questions.

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