Legal Question in Family Law in Massachusetts
I won a good amount of lottery money. My husband and I are in the middle of a divorce. My question is, Is he entitled to any of the money after the divorce was filed over a year and a half ago. I have not claimed the money yet.
3 Answers from Attorneys
Unlikely he gets any of that.
If you are not divorced yet, the court and his attorney are likely to view it as a marital asset. If you do not claim it until after the divorce and he finds out, he can go back to court and claim half of it plus attorneys fees and other costs.
Your best solution is to discuss a strategy with your attorney in dealing with this issue.
Yes, he is. It does not matter that you have not claimed the money yet. He and his Attorney would rightfully argue that the money is marital property as you won it during the marriage and thus it is subject to equitable distribution.