The paralegal also said I do not have to split Ca. lotto and/or Vegas winnngs with her (spouse). She said that since I filed and I am seperated (living in an apartment) and she bought me out (the house)-house in her name already-she was served with divorce papers already and we split property 50/50-the main question would be-do I have to split the Ca. lotto/or Vegas winnings if I do win???? I am on step 3 of the divorce process-I have completed 2 so far (paperwork). Any help would be greatly appreciated...Thanx in advance!!!!
2007-08-09 12:21:38 · 10 answers · asked by ManyMilez 2 in Family & Relationships ➔ Marriage & Divorce
physical separation does not limit you from the community property laws, but once you filed the papers and had her served ( she was served right ? ).. from that day on her and your finances become separate ( in terms of gained assets or incurred debts ), your fine to hit the lotto and not share the payout.
there is a case similar to the one you question about in which a separated ( estranged ) wife of a man hit a 20 million CA jackpot, she quickly went a a divorce lawyer and had him served for divorce, he would have never found out except for a mailed letter from one of those structured payout buy out firms mailed him ( and her as joint on the letter ) a congratulation's on your winning and we would like to pay you cash value for your annuity letter..and he though.. what winning? he called the number, they told him ( CA jackpots are public record ) and then he verified with the state lotto, in turn he sued her for 1/2 the winnings. in the end, he was awarded all 20 million, she was in essence fined 10 million ( in joint with her lawyer ) for trying to hide the winnings and not pay out the community shared monies ( the crooked lawyer was going to take a bigger than normal fee for trying to get he divorce processed quickly ).
so as they say, timing and paperwork ( and making sure she ha been SERVED )_is essential
2007-08-09 13:11:20 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Your worrying about this IF you win? You must be having a very slow day. The truth is regardless of the law... IF you win why wouldn't you split the winnings with her? Especially if those tickets were bought before the divorce was final. If is the ethical thing to do. Just make sure that she pays her fair share of the taxes on the money.
2007-08-09 12:42:42 · answer #2 · answered by lily 6 · 0⤊ 1⤋
Double check this with the paralegal; every state is different. Also, it wouldn't hurt to get a second--or third--opinion from a qualified attorney; do you have any around you who will give you a free consultation? Good luck to you.
2007-08-09 12:27:03 · answer #3 · answered by thelostrose 3 · 0⤊ 0⤋
Are you saying that all you are waiting for is the judge to sign the final divorce decree? If the time has passed for her to object to anything in the papers, then I would think the money would be all yours.
2007-08-09 12:26:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would ask a lawyer, not a para-legal. If you are not officially divorced, I am not sure how that would work, as you are technically still married.
Just to be on the safe side, ask a lawyer only!
2007-08-09 12:25:37 · answer #5 · answered by endo_chic 5 · 1⤊ 0⤋
A paralegal (lawyer washout) is who your trusting? Lets step up and talk to an attorney, because you dam well know he will.
2007-08-09 12:52:03 · answer #6 · answered by Dr Phil 5 · 0⤊ 0⤋
Wrong.
Any money you win is half hers until the judge stamps the divorce papers.
2007-08-09 12:31:55 · answer #7 · answered by Anonymous · 1⤊ 1⤋
once your separated then you are under no obligation to her or her to you. so if you win its all yours. unless of course there are kids and she takes you to court for child support. then those winnings will be counted in what you will pay for child support.
2007-08-09 12:27:07 · answer #8 · answered by george 2 6 · 0⤊ 0⤋
check with your state laws on divorice laws
2007-08-09 12:26:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Nope you don't have to split.
2007-08-09 12:25:08 · answer #10 · answered by Flower Girl 6 · 0⤊ 1⤋