Date: 19 December 2011
Author: Elisabeth Sneade

The couple involved had married in Columbia and moved to the UK with their two children. Mrs S and her friend entered into a syndicate agreement for the National Lottery Big Draw 2000, with Mrs S receiving winnings of £500,000.

Mr S was unaware that his wife had entered the lottery. Mrs S then purchased and renovated a house for the family. The judge awarded Mr S £85,000, saying:

• It was a long marriage
• The husband’s income and housing needs were met but Mr S needed £82,000 to provide for his old age

The judge said the amount was fair because the initial lottery prize was non-matrimonial property but it was converted to matrimonial property when the family home was purchased. Mr S only lived in the house for a short time and was not entitled to an equal share.

What does this tell us about lottery winning? It’s not really very helpful as once again, it shows that where family cases are concerned, individual needs are paramount. If Mr S had needed money for housing, would the court have awarded him more than £82,000? Probably.

This case once again highlights the need for specialist legal advice if one of you suddenly finds that your financial circumstances have changed. Consider a post-nuptial agreement (an agreement drawn up after you marry) to determine how the additional money is to be dealt with. More commonly, it will be an inheritance from a family member than a National Lottery win, but the principle remains the same. If financial circumstances change and you want to protect - as much as you can - that asset, then it is wise to seek specialist advice.