A lottery win during a marriage was formerly regarded as “a windfall” and it was treated differently to other contributions. It often was not part of the property pool and did not appear to have been considered under s 75(2) of the Family Law Act in many cases.
The cases now establish that the legal title to a lottery ticket vests in the person or persons in whose name the ticket issues. In disputes about entitlement to a share in the prize, the onus lies upon the claimant to prove the entitlement. Further conduct after the lottery win has been found to be significant in determining the terms of the agreement as to contribution to the ticket and any equitable interest in the prize.
You should obtain legal advice with regard to any lottery wins or windfalls during a marriage or post separation to determine how the law may apply to you. Our Adelaide or Port Adelaide solicitors are expert family lawyers and are happy to assist you in providing divorce and family law advice. Please contact us for further information.