Valrico, FL asked in Divorce and Family Law for Florida

Q: is my ex husband suppose to be "Hiding" a Fl. lottery winning after or during marriage disolution? In a JGWentworth.

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2 Lawyer Answers
Lynette Silon-Laguna
Lynette Silon-Laguna
PREMIUM
Answered
  • Tampa, FL
  • Licensed in Florida

A: Good day! It depends on when he winds the lottery. If you are married and he wins it he ethically should not hide it and if he wins it during marriage, it is marital. If you have filed for divorce, then normally it would not be marital. However, if you have just separated and not filed for divorce, then it would be a grey area and whether it would be marital or non-marital would depend on whether he can prove that you have permanently separated, in which case it may be non-marital. If there is a dispute on whether you are permanently separated the judge will determine its status. We do offer a free consultation and you can call us at 813-672-1900 or text us at 813- 543-8960. All the best!

Opal Phiona Lee
Opal Phiona Lee
PREMIUM
Answered
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Good day. I notice you stated ex-husband - does this mean the marriage was already dissolved? If a spouse won the lottery before a dissolution of marriage was filed or anytime before a Final Judgment is entered, he or she is required to disclose it; of course, a stronger argument for it being subject to equitable distribution would be if the winning took place before the petition for dissolution was filed. You should consult with one of us divorce attorneys to obtain advice specific to your situation.

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