Legal Question in Wills and Trusts in Canada

Lottery winnings

If I am part of a group winning lottery ticket, valued at 20 million. Am I required to share my portion with my spouse? Also if one of the group members was to give me my portion as a gift, would I be required to share this portion with my spouse?

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Asked on 10/07/03, 9:11 am

1 Answer from Attorneys

Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Lottery winnings

In Alberta where I am qualified to practise you are not required to share with your spouse when you win. If the money or the income from the money is used in the family financial regime and not kept separate you would have to account for half the win in any matrimonial property action. If you plan on staying married sharing is a good idea particularly from the perspective of the income tax splitting that can be done where income is earned in both names rather than just one. You could also get your spouse to disclaim any interest in the money but be wary of the result---much unhappiness.

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Answered on 10/07/03, 9:20 am


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