[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/winning-the-lottery-while-separated#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/winning-the-lottery-while-separated","headline":"Winning the Lottery While Separated \u2013 And Losing Half","name":"Winning the Lottery While Separated \u2013 And Losing Half","description":"A Michigan man\u2019s celebration of a multi-million-dollar lottery win quickly soured when his estranged wife demanded half. Although the couple had been separated for two years, the arbitrator they hired to help draft their separation agreement said Mary Beth Zelasko would receive $15 million of\u00a0Dick Zelasko\u2019s $30 million Mega Millions...","datePublished":"2019-07-12","dateModified":"2025-07-30","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/cullman#Person","name":"Charles R. Ullman","url":"https:\/\/www.charlesullman.com\/author\/cullman","identifier":57,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/95523b76e3fabd629464090bfe2a95c0788960cc1dccd6db5bf756e20d0d4c67?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/couple_fighting_over_lottery_winnings.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/couple_fighting_over_lottery_winnings.jpg","height":400,"width":600},"url":"https:\/\/www.charlesullman.com\/winning-the-lottery-while-separated","about":["Divorce & Separation"],"wordCount":912,"articleBody":"A Michigan man\u2019s celebration of a multi-million-dollar lottery win quickly soured when his estranged wife demanded half. Although the couple had been separated for two years, the arbitrator they hired to help draft their separation agreement said Mary Beth Zelasko would receive $15 million of\u00a0Dick Zelasko\u2019s $30 million Mega Millions prize.The arbitrator, John Mills, decided that the lottery winnings were part of the marital estate and therefore should be shared. In June, the Michigan Court of Appeals handed down a decision upholding a lower court\u2019s ruling in favor of the ex-Mrs. Zelasko.Could it happen here, in North Carolina? Are lottery winnings considered\u00a0marital property? Is your spouse entitled to your lottery winnings in a separation or\u00a0divorce?Michigan Court Says Lottery Winnings are Marital PropertyAccording to news reports, Dick Zelasko won an $80 million lottery jackpot in July 2013, which became $38,873,628 after taxes and other deductions. Dick and Mary Beth, who married in 2004 and share three children, had been separated for two years at the time.\u00a0The Zelaskos\u2019 divorce was final in 2018.Richard Zelasko sought to have a new arbitrator appointed and the rulings regarding the lottery winnings being marital property tossed out. However, the trial court appointed a new arbitrator to settle only the undecided issues \u2013 not to revisit the disposition of the lottery winnings.An appeals court decided that the trial court was wrong to appoint a new arbitrator that was not acceptable to both Zelasko, but agreed that Mills\u2019 rulings would stand.According to the Appeals Court decision, \u201cThe arbitrator opined that that was probably not the first lottery ticket the defendant purchased during the marriage and that, \u2018(a)s losses throughout the marriage were incurred jointly, so should winnings be shared jointly.\u2019\u201dNorth Carolina says \u2018Marital\u2019 Property Stops at SeparationIf the Zelaskos had resided in North Carolina when\u00a0going through a separation, the decision regarding the lottery prize would have been different. There would have been no obligation to share lottery proceeds won two years after the date of separation.Marital property is defined as all assets acquired or earned during the marriage. Typically, marital property includes homes, cars, furniture, art, retirement accounts, pension plans, savings accounts, certificates of deposit and any other assets acquired during the marriage. Because the definition says \u201cearned\u201d during the marriage, it includes any assets that are paid later, such as a retirement pension or an annuity.In separation and divorce, all marital property is subject to fair or equitable distribution between the divorcing spouses.Here is the key difference: North Carolina,\u00a0G.S. \u00a7 50-20(b)(1)\u00a0defines marital property as \u201call real and personal property acquired by either spouse or both spouses during the course of the marriage and\u00a0before the date of the separation of the parties.\u201dSeparation is recognized in North Carolina as the point in time when spouses no longer live together.When Do Lottery Winnings Have To Be Split With A Spouse?If you were lucky enough to win the lottery while married and living together in North Carolina, it\u2019s hard to envision a subsequent\u00a0separation agreement that would not require you to split the money with your spouse. In a divorce under these circumstances, lottery proceeds would most likely be split equitably between the spouses.An\u00a0equitable division of assets\u00a0does not necessarily mean equal. You may be able to argue that your spouse does not deserve a share of your lottery winnings, particularly if there are other marital assets of nearly equal value being divided between you. Not all lottery prizes are multi-million-dollar payouts.In\u00a0deciding the division of assets, a judge will consider a variety of factors pertaining to your spouse\u2019s abilities and needs, including costs related to child custody, as well as the length of the marriage, each spouse\u2019s contributions to the marriage and any marital misconduct or fault.You might ask whether you can just not tell your spouse if you win the lottery. In North Carolina, winners\u2019 names are not public record, as they are in some states. You could stay quiet and keep a low profile, in hopes of keeping the news of your lottery winning off of social media. That is a risky strategy, however.Each spouse is expected to disclose assets and debts as part of divorce proceedings. In a contested divorce, one of the tasks we take very seriously is conducting a thorough investigation to identify all of the other spouse\u2019s assets to ensure that the asset division agreement is truly equitable. We like to think that we would find a recent lottery windfall worth a significant sum of money, no matter how well hidden. We would expect most opposing lawyers would, also.Ask a Raleigh Divorce Lawyer About Asset DivisionMost of us will never be faced with the issue of how to divide a multi-million jackpot. Regardless of your assets, however, a separation agreement that is not correctly drafted can be unnecessarily costly. How you divide marital assets as part of a divorce can be complex. It is important to work with an experienced divorce lawyer\u00a0who will look out for your interests.Charles R. Ullman has been a practicing attorney for more than 25 years and has earned certification from the North Carolina State Bar as a board-certified specialist in family law. The attorneys at Charles R. Ullman & Associates in Raleigh are available to help you. Simply\u00a0contact us today\u00a0and schedule a confidential review of your case.{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"Product\",    \"review\": {        \"@type\": \"Review\",        \"author\": {            \"@type\": \"Person\",            \"url\": \"https:\/\/www.google.com\/search?q=charles+ullman+raleigh+nc&oq=charles+ullman+raleigh+nc&aqs=chrome..69i57j0i22i30.2547j0j4&sourceid=chrome&ie=UTF-8#lrd=0x89ac5f12c136826f:0x117cc2f6a11c04f0,1,,,\",            \"description\": \"Charles R. Ullman & Associates client\",            \"name\": \"G. 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