Lottery Winner needs to share $15 mill with soon-to-be ex-wife

[Amnorix]

Ouch!


https://www.cnn.com/2019/06/21/us/lottery-divorce-split-trnd/index.html


(CNN)A Michigan lottery winner must share the $38 million windfall with his ex-wife, even though they were in the process of divorcing when he bought the ticket.

Richard Zelasko won an $80 million Mega Millions jackpot in July 2013 -- after taxes and fees his prize was $38,873,628, according to an opinion issued last week by the Michigan Court of Appeals.

The suburban Detroit man and his then-wife, Mary Elizabeth Zelasko, filed for divorce in late 2011. The case had gone to arbitration, and they were waiting for the arbitrator's opinion when Richard Zelasko won the prize.

The couple were married in 2004 and have three children.

The arbitrator ruled that the ticket was part of the couple's marital assets and awarded $15 million to the wife and divided the rest of their assets, according to the opinion. He said that the "marital property includes all property acquired from the date of marriage until the date of entry of the divorce decree," including property acquired during a separation.

The court also cited the arbitrator's opinion that the winning lottery ticket was probably not the first that Richard Zelesko had purchased during the marriage and that "(a)s losses throughout the marriage were incurred jointly, so should winnings be shared jointly."

It's true that Zelasko spent $1 to buy the winning ticket; however, "the dollar spent was arguably marital money and, as such, a joint investment," the arbitrator said.

The appellate court said it found no errors that would require it to change the award.

"It's very difficult to overturn an arbitration," said Michael Robbins, who's represented Richard Zelasko since 2015.

Robbins told CNN that the couple had been separated since 2009.

An attorney for Mary Elizabeth Zelasko told CNN that he would not comment on the case because it is confidential.

The couple's divorce was finalized in 2018.

Robbins said his client can appeal the ruling and is "considering his options."

[Amnorix]

Putting on my lawyer hat, sadly I think it would be the same result under the divorce laws of most US states. The bottom line is that until the divorce is final, the martial assets are pooled and so even though the divorce is pending, the lottery winnings become part of the estate.

[loochy]

Meh, he'll still be fine.

[LiveSteam]

So for a buck. The man rid himself of an all-time nag and gets 15 million to boot.
If that ain't winning? I don't know what is.

[Hydrae]

Wow, took them 7 years from time of filing to be able to finalize the divorce. That seems crazy long to me.

[DJ's left nut]

Putting on my lawyer hat, sadly I think it would be the same result under the divorce laws of most US states. The bottom line is that until the divorce is final, the martial assets are pooled and so even though the divorce is pending, the lottery winnings become part of the estate.

I have to point out that very fact a couple times a month.

Separated ain't divorced, chief. And to whatever extent a statute applies to 'spouses', be it rights to property or obligations on debts, that statute applies until such time as the divorce is final.

His wasn't yet.

He lost here because he was supposed to. Sucks, but it is what it is...

[Imon Yourside]

So for a buck. The man rid himself of an all-time nag and gets 15 million to boot.
If that ain't winning? I don't know what is.

Right, I'm willing to take on that horrible responsibility.

[BigRedChief]

She’s the mother of his children. Your still married. Should have given her the $15 million and moved on. If you can’t make your own $15 million last you the rest of your life? Your going it wrong.

[ChiliConCarnage]

Seems fair. People get separated or start divorces and reconcile all the time. Until you're divorced, you're married.

Wonder if he'll still owe alimony? That'd be the real nut punch after writing a multi-million dollar check to her

[vailpass]

This is how there are still such things as hit men.

[Graystoke]

Still married.
He should have hurried the proceedings.
But hey, 15 cool million to spend on hookers and blow

[Saulbadguy]

Can he sue the arbitrator for 15 million?

[InChiefsHeaven]

Shit, giver her half and smile. You got 15 mil that you did nothing to earn. Take it and be happy.

[OrtonsPiercedTaint]

Tax her Trump!

[saphojunkie]

I’m going through a divorce right now. If I won $38M I would be so happy to show up at my ex’s place with a check for $19M. Here you go! Have fun, be happy, and cheers to a resentment-free life.

Of course, I’m still great friends with my ex. But even if you hate each other, you can fix all
That acrimony in one gesture and go live your single, wealthy life in peace.

[notorious]

She’s the mother of his children. Your still married. Should have given her the $15 million and moved on. If you can’t make your own $15 million last you the rest of your life? Your going it wrong.

Yep.

[Kiimo]

I feel so bad for someone who only gets 23.8 million from a one dollar scratcher!

[Rain Man]

Putting on my lawyer hat, sadly I think it would be the same result under the divorce laws of most US states. The bottom line is that until the divorce is final, the martial assets are pooled and so even though the divorce is pending, the lottery winnings become part of the estate.

This seems logical, but it makes me wonder about loopholes.

The logic is that all income goes into the marital pool and is divided equally, regardless of which spouse produced that income. So does the same thing apply to expenditures? It seems like one spouse could purchase something that benefits only themselves and can't be sold or split, such as a trip to Tahiti or liposuction or something, and the other spouse essentially pays half of it. If the argument is made that the assets are split regardless of source, then an expenditure on an asset that isn't tangible just reduces the assets to be split.

[TambaBerry]

So, what if in all that time he ended up buying himself a house? That would be considered part of their marriage? What if she ran out and went deep into debt would they both be on the hook?

[SAUTO]

So, what if in all that time he ended up buying himself a house? That would be considered part of their marriage? What if she ran out and went deep into debt would they both be on the hook?

Sure sounds like it

[Rain Man]

So, what if in all that time he ended up buying himself a house? That would be considered part of their marriage? What if she ran out and went deep into debt would they both be on the hook?

My thinking is that a house would be considered a tangible asset, so it would go into the marital pool and split. I think the interesting part is gray area stuff that can't be sold - trips, college courses, and that sort of thing.

I guess an arbitrator could rule that the person taking the trip is getting the trip, so the other person gets half the value of the trip. But that doesn't seem to follow the strict logic of the lottery ticket where it's ruled to have been a joint investment even though one side spent the money on it.

Or I guess maybe it could. To relate it to the lottery ticket...

Person A bought the ticket using joint funds. The ticket produced a positive return, so it gets split.

Person A buys a house for $250,000 or whatever. The arbitrator says that the asset pool now includes a $250,000 house, so it needs to be sold and the proceeds split, or Person A gets the $250,000 house but pays Person B $125,000, thus splitting the value of it.

Person A went on a trip using joint funds. I guess an arbitrator could rule that the trip produced a positive emotion that needs to be split, so Person A gets all of the positive emotion and Person B gets half of the cost of the trip, which is half of the value of the positive emotion (since that's half of the cost used to produce the positive emotion).

[dj56dt58]

Ouch!


https://www.cnn.com/2019/06/21/us/lottery-divorce-split-trnd/index.html




The couple's divorce was finalized in 2018.

Robbins said his client can appeal the ruling and is "considering his options."

https://i.kinja-img.com/gawker-media/image/upload/s--t303Fhwz--/c_scale,f_auto,fl_progressive,q_80,w_800/18l8wp6zl0z9cjpg.jpg

[JohnnyHammersticks]

I feel so bad for someone who only gets 23.8 million from a one dollar scratcher!

Me too. We should start a GoFundMe to help him recoup that loss.

[Coogs]

Separated in 2009.
Filed for divorce in 2011.
Case had gone to arbitration, and were awaiting arbitrators decision.
Bought ticket after this. (awaiting stage in 2013)
I'm kind of siding with the guy on this one.

[Bowser]

I have to point out that very fact a couple times a month.

Separated ain't divorced, chief. And to whatever extent a statute applies to 'spouses', be it rights to property or obligations on debts, that statute applies until such time as the divorce is final.

His wasn't yet.

He lost here because he was supposed to. Sucks, but it is what it is...

How hard is it to become legally separated? Sounds like if he or his lawyer would have filed for that while waiting for the divorce to happen, all of this would have been elementary?

[bdj23]

MUH PATRIARCHY

[Bowser]

Separated in 2009.
Filed for divorce in 2011.
Case had gone to arbitration, and were awaiting arbitrators decision.
Bought ticket after this. (awaiting stage in 2013)
I'm kind of siding with the guy on this one.

I'm with you, but I think the law is very specific in regards to marital property.

This must have been a nasty fight of a divorce between these two for it to have taken so long, or both of them just didn't have the funds to carry through with it. Or possibly, they were completely amicable and just slow walking it since they weren't fighting....

[Coogs]

I'm with you, but I think the law is very specific in regards to marital property.

This must have been a nasty fight of a divorce between these two for it to have taken so long, or both of them just didn't have the funds to carry through with it. Or possibly, they were completely amicable and just slow walking it since they weren't fighting....

Once it goes to the arbitrator, don't you have to live with what ever he/she decides?

That ticket wasn't a part of what he/she was deciding on. That was after the fact.

I'm on the dudes side since the case was in the hands of the arbitrator.

[RealSNR]

Tell her to get fucked with child support, then. That more than covers it. Waaaaaay more.

[Iowanian]

She doesn't derserve a dime of that if they had been split and were in arbitration for that length of time. If it happened soon after the split or was the catalyst yes.....but this is much different than day, she took care of the home while he built a 30 mil business.

He needs to take care of his kids and she would benefit from that part by being able to live a better life in a better home, but getting half after a 2 year split is bullshit.

[ChiefsCountry]

Should have collected the winnings under a LLC or incorporation or something like that if he wanted to keep all the money.

[Rain Man]

Should have collected the winnings under a LLC or incorporation or something like that if he wanted to keep all the money.

If he was really gutsy, he could give it to his best friend for a 10 percent cut if the friend would slide him money every year. It would have to be a really good friend, though. Probably not worth the risk since he's already getting $15 million.

[Bump]

BuT WyMeN hAvE No rIgHtS, PaTRiArcHy

[kcxiv]

she got a nice payday! lol sucks for him

[Valiant]

This seems logical, but it makes me wonder about loopholes.

The logic is that all income goes into the marital pool and is divided equally, regardless of which spouse produced that income. So does the same thing apply to expenditures? It seems like one spouse could purchase something that benefits only themselves and can't be sold or split, such as a trip to Tahiti or liposuction or something, and the other spouse essentially pays half of it. If the argument is made that the assets are split regardless of source, then an expenditure on an asset that isn't tangible just reduces the assets to be split.

I believe I saw where a woman had to pay her ex back for her plastic surgery.

[Valiant]

If it was sitting in arbitration for that long he may stand a good chance of winning on appeal.
You can't say it is part of marriage assets when it has been years after arbitration.

Though it might be cheaper if they have kids or alimony.



Should have given the ticket to a brother or mom to collect.

[eDave]

she got a nice payday! lol sucks for him

This is like complaining you won the $15m jackpot instead of the $30m jackpot.

[MarkDavis'Haircut]

Men always get screwed in these cases.

[Frazod]

As shitty as it is, this was a no brainer from the start. But rich assholes divorcing each other are among the most unreasonable people on earth.

I'm sure the lawyers appreciated it.

[ghak99]

I have no idea why men still get married.

[cooper barrett]

friends or ****ing? friends is bullshit, I ****ed my ex for 2 years /.....

Who the fuck gets divorced by arbitration????

I’m going through a divorce right now. If I won $38M I would be so happy to show up at my ex’s place with a check for $19M. Here you go! Have fun, be happy, and cheers to a resentment-free life.

Of course, I’m still great friends with my ex. But even if you hate each other, you can fix all
That acrimony in one gesture and go live your single, wealthy life in peace.

[rabblerouser]

I have no idea why men still get married.

If I was smarter, I would've married her when she wanted me to...

[Frazod]

friends or ****ing? friends is bullshit, I ****ed my ex for 2 years /.....

Who the fuck gets divorced by arbitration????

Well, up until the lotto lightning strike I'm sure they weren't rich. If a divorcing couple isn't fighting tooth and nail over everything, if they can amicably agree over who gets what, arbitration is a cheaper way to go.

[rabblerouser]

Well, up until the lotto lightning strike I'm sure they weren't rich. If a divorcing couple isn't fighting tooth and nail over everything, if they can amicably agree over who gets what, arbitration is a cheaper way to go.

I let my wife take everything in our divorce. She had the kid, she needed it all.

I kept some records and the TV stand.