After two years of court proceedings, a woman who won $6 million in a lottery can now enjoy the entirety of her winnings in peace.
The woman’s ex-husband – with whom she was married for 20 years before their separation in 2008 – attempted to claim a piece of the pie by arguing that the ticket was bought from joint matrimonial funds. Referring to a similar UK decision, the trial judge highlighted the fact that the cost of a lottery ticket is so insignificant that it could be safely disregarded. Her Honour declared the former husband’s claim that the ticket was purchased with shared matrimonial funds as simply fallacious.
Certain that he was still entitled to a share of his ex-wife’s new fortune, the man appealed to the full bench of the Family Court where the three judges dismissed the husband’s appeal. The Court determined that the ex-husband had no involvement in the purchase of the ticket. In spite of the court dividing the property into two pools, the husband was given a 75(2) adjustment in his favour of $500,000. The court said that when the ticket had been purchased, the marriage had in fact dissolved completely so that each party was relying on their own individual financial resources.
Eufrosin & Eufrosin  FamCAFC 191 (2 October 2014)
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