Imagine winning a massive $80 million lottery prize, only to be told you have to share it with your ex-spouse, who you were in the process of divorcing when you purchased the ticket.
A Pricey Divorce
A lottery winner in Michigan was recently ordered to share a massive $38 million prize with his ex-wife, despite the fact that they were in the midst of a divorce when he purchased the ticket.
Arbitration Won
Richard Zelasko and Mary Elizabeth Zelasko got married in 2004 and filed for divorce in 2011. During the arbitration process, Mr. Zelasko won a massive $80 million prize before taxes and fees.
Marital Assets
However, the arbitrator ruled that the ticket was part of the couple’s marital assets and awarded $15 million to Mrs. Zelasko.
It’s Still Hers Even After Separation
The Michigan Court of Appeals upheld the decision, stating that property acquired during separation remains part of marital property until the entry of the divorce decree.
Winnings are Joint Property
The court cited the arbitrator’s reasoning that “as losses throughout the marriage were incurred jointly, so should winnings be shared jointly.”
It Was HIS Luck!
Mr. Zelasko’s lawyer, Scott Bassett, argued that “Rich was lucky, but it was his luck, not Mary’s, that produced the lottery proceeds.”
A Lengthy Battle
The ticket was won in 2013, but the divorce wasn’t finalized until 2018. A heavy and lengthy divorce and arbitration battle ensued.
They Were Already Separated
At the time of the ticket purchase, the couple was living separately while the arbitrator considered how to divide their wealth, including child support payments and custody of their three children.
Losses and Winnings are Shared
Arbitrator John Mills explained that “as losses throughout the marriage were shared jointly, so should winnings be shared jointly.”
The Internet Responds
One commenter wrote, “Loose Lips Sink Ships! Should have kept their mouth quiet and waited until AFTER THE SETTLEMENT was finalized before cashing in the ticket and even then put the ticket maybe as a trust purchase or someway to shield it.”
Another Internet Response
This person commented, “If you can’t be happy on 40 million minus taxes, then you will never be happy.”
Another commenter said, “Unfortunately, it was just good luck with bad timing. The law is clear that as long as you are still legally married, assets are shared until finalized by an arbitrator or judge issuing a final decree. I’m sorry for Mr. Rich. His ex-wife got away with a financial windfall by sheer luck!”
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