The Family Court has recently held that a husband was not entitled to any of his ex-wife’s $6 million lottery windfall. The joint decision of Justices Thackray, Murphy and Aldridge in Eufrosin & Eufrosin [2014] FamCAFC 191 was based on a finding that the parties were living separate lives at the time that the wife bought the ticket.

The husband claimed that the wife had used funds from a business that had been run primarily by him during the course of the marital relationship to purchase the ticket and therefore he was entitled to a share of the funds.

However, the Court held that even if this argument was accepted it ‘ignored the reality of the parties’ post-separation lives.’ At the time of purchasing the ticket, the parties had been separated for six months and were leading separate lives, which included leading separate ‘financial lives’.

Additionally, the Court noted that the source of the funds should not determine the issue of how a lottery win should be treated. According to the Court, the crucial factor was the nature of the parties’ relationship at the time the ticket was bought.

 

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