Q&A: Are Lottery Winnings Marital Property When You are Living in Separate Homes?

Can you get a slice of your spouse’s lottery winnings even when you are living separately?

Usually, yes. Lottery winnings would be marital property. It does not matter if you are living in separate homes – unless you have a separation agreement or a prenup that specifically speaks to this issue of lottery winnings or assets acquired after an official separation date.

So lets say you are living in separate homes and you have a separation agreement which is in writing that says that any assets acquired after the date the agreement is executed would not be treated as marital property. In that case, no. In that situation, the lottery winnings would not be marital property in my opinion.

But if you did not have any agreement but are merely residing in distinct homes at the time you or your spouse win the lottery, the earnings would belong to the marital estate – assuming no prenup that fundamentally conflicts with the usual rule about what marital property is.