Legal Question in Family Law in Maryland

I live in Maryland and I filed for a legal seperation (marriage). If I won the lottery, is my husband entitled to any of my winnings?


Asked on 9/21/11, 6:02 am

2 Answers from Attorneys

Bill Wood Law Office of William C. Wood, LLC

Yes. Marital property continues to accrue in Maryland after the separation. Final property disposition occurs at the absolute divorce.

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Answered on 9/21/11, 6:07 am
Thomas Mallon Law Office of Thomas K. Mallon, LLC

Marital Property in Maryland is defined as property however titled acquired during the marriage that is not from an inheritance or not a gift or directly traceable to one of those sources. In this instance the lottery ticket titled in your name was purchased during the marriage (between the time you said "I do" and the time a Judge grants an Absolute Divorce).

In Maryland a Judge cannot change title except to real property certain circumstances, so A Judge cannot change title to the Lottery ticket, a Judge can only grant a monetary award based on what is fair. Maryland is what is called an Equitable Distribution State. That means a monetary award is not necessarily 50%, its what is fair under the circumstances. So you soon to be ex may make a claim, but I the outcome of that claim is not pre-determined.

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Answered on 9/21/11, 7:56 am


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