Can My Ex Claim My Lottery Win in Scotland?

Explore Whether Your Ex Can Claim On Your Lottery Winnings

In Scotland, assets acquired during marriage are usually seen as part of the matrimonial pot and are generally divided in a divorce. However, the timing of when the lottery win occurred and the state of your relationship at that time can greatly affect the legal decision. In this blog, we aim to provide you with a greater understanding of whether or not an ex can claim a lottery win from a Scottish perspective. 

Key Takeaways

Understanding The Legal Side Of Lottery Wins In Scotland 

In Scotland, if one spouse wins the lottery, they are not legally required to inform their partner. On the other hand, if you’re going through a divorce, you will need to disclose every asset as they may be deemed matrimonial property. 

If any of the lottery winnings were used to buy assets, those assets would likely be subject to division, if purchased during the marriage and before the date of separation.  However, there can be an argument that the source of the funds used should be taken into account. 

If your ex-partner wins the lottery after you separate or after divorce is finalised, those winnings would not be included in the divorce agreement.

The Impact Of Divorce Settlements On Lottery Winnings

Divorce settlements play an important role in lottery winnings as this determines whether you can make a claim. In Scotland, financial settlements must be made before a couple is officially divorced. Therefore, it’s unlikely an ex-spouse will be able to make financial claims afterwards.

For additional information regarding this you should seek legal advice about divorce from our specialist team on 0800 292 2035.

Protecting Your Lottery Win

If you ever face divorce, it is wise to take legal measures to protect your lottery winnings from any potential financial claim. 

Our specialist team at Jones Whyte will provide expert legal advice about divorce on the steps you should take to protect your assets, regardless of if you are the lottery winner or not. 

If you’re married and would like to protect any future winnings in the event of a divorce, consider setting up a postnuptial agreement. A postnuptial agreement is a contract created after marriage that allows you and your partner to settle financial aspects and other matters, helping avoid future disputes. 

Real Life Case 

In 2021 our Family Law department handled a case involving lottery winnings which initially was believed to be straightforward matter of including the winnings in the overall ‘pot’ of matrimonial assets for division. However, this was not the position which the defender took. In fact, there were three defenders in this matter. The primary defender was the husband, and later, his parents were also added as parties to the action.

For a closer look at this case, check out our ‘You Win Some, You Lose Some’ blog which explains all the details. 

Summary On If Your Ex Can Claim On Your Lottery Winnings 

In conclusion, if you win the lottery during your marriage and later go through a divorce, you must disclose this information as it could be included in the financial proceedings. If you have used any of the winnings to buy shared property it will likely be subject to division. However, if you haven’t used the winnings to buy matrimonial assets, your ex may not be able to make a claim on non-matrimonial property.

This topic can be particularly complex, depending on several factors. If you would like more information or require help with your case, seek legal advice about divorce today. Our team is more than happy to help and will provide you with clear, expert guidance and help you achieve the best possible outcome.

Frequently Asked Questions

Can my ex-spouse claim my money?

Your ex-partner may be able to claim money from you if you have not set up a prenuptial or postnuptial agreement. For more information speak to our team on 0800 292 2035.

What happens if I’m not married and have won the lottery?

If you’re not married, you may not need to share lottery winnings if the lottery winnings were not used to purchase joint assets.

However, an ex-partner may be able to make a claim if children are involved. Speak to our team today on 0800 292 2035.

What is a prenuptial agreement and postnuptial agreement?

A prenuptial agreement is contract that couples enter before marriage, outlining what will happen in the event of separation. It is beneficial to protect pre-existing assets.

The other side of this is a postnuptial agreement which is created after marriage. It allows you and your partner to address any financial matters, helping to prevent any future conflicts.