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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.
Sources:
Eufrosin & Eufrosin [2014] FamCAFC 191 (2 October 2014)
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Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.
