Can My Ex Modify Alimony If I Win The Lottery?
An individual’s odds for winning the lottery are one in a million. However, if you are fortunate enough to win one, and pay alimony, whether your ex can ask to modify alimony depends on a few factors.
Timing Matters When it Comes to Alimony Modification Post Lottery Win
Whether your ex can collect support from your lottery winnings depends on when you won. Some cases are more clear-cut than others. For instance, if you purchased the winning ticket after the divorce, the money can be deemed non-marital since your ex is not married to you anymore and has no claim to it.
However, the winnings can still be fair game for child support. Plus, your winnings may be considered individual property if you bought it while separated from your spouse but before the divorce was completed.
As per Illinois law, spouses have to divide marital property equitably during a divorce. If alimony modification is granted, your ex may not get half of your winnings, but what the court believes is a fair share of the amount as per the duration of the marriage and their financial situation.
The State May Have Other Things In Mind
Contrary to popular belief you may not be in the clean with your winnings even once the divorce is finalized. If you fall behind on child support and alimony payments, that amount may be garnished by the court so you can catch up. In this case, your ex may be granted alimony modification. So if your marriage is on the rocks, it would be better to delay the purchase of a ticket.
Staying Silent About Your Winnings Is Not A Good Idea
You may be tempted to remain silent about your winnings till the divorce is finalized, but that may not be seen favorably by the court. You may be charged with fraud and they may vacate the settlement.
That’s because as per the law, divorcing spouses have to declare all of their income sources, assets, and debts to one another complete with supporting paperwork. Failure to disclose all of the information can cost you.
Hire an experienced Arlington Heights divorce attorney from the Law Office of Fedor Kozlov to represent your case in the best way possible. Get in touch with us for a free consultation at our Schaumburg, IL law offices today. We leave no stone unturned to ensure our clients receive the best representation and solutions possible for their cases.