If I Win the Lottery Can My Spouse Come Back for More

Date Added: 02 February 2011

At the end of last year, a lottery winner was ordered to pay £2million to his ex-wife, even though their divorce was finalised a decade before his big win. Having won £56 million on the Euro Millions lottery, his ex-wife heard the publicity and consulted her Solicitors.

Although the parties were divorced ten years previously, a Court Order was never made settling financial matters. Consequently, it was open to the lottery winner’s ex-wife to come back and make a claim over the jackpot.

The lottery winner initially offered his ex-wife a token £1 million pounds but, after consulting her Solicitor, she made a claim for £8 million. The parties settled on a lump sum of £2 million, out of Court.

This case highlights the importance of settling the financial side of a marriage by Court Order, at the same time a divorce is dealt with. A Court Order will set out what has been agreed between the parties, and will also include important clauses preventing either party from making future claims against the other.

If such an order had been in place in the present case, it is unlikely that the lottery winner would have had to pay his ex-wife a big slice of his winnings such a long time after their divorce. This principle also applies to money from other sources such as an inheritance and, if you are divorced, you should ensure that you are protected from future claims by a Court Order. Similarly, if you are in the process of getting divorced, you should always ensure that a Court Order is put in place, even if you have little or no assets at the time the divorce is filed. The risk is yours if you do not.

If you would like further advice on financial matters arising on divorce/separation, please call Andrea Hamlin or Louise Finlayson on 01233 625711 or, alternatively, email arh@hallettandco.co.uk or lkf@hallettandco.co.uk.

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