If my son's wife won a lottery but is divorcing him, is he entitled to any money?
Full Question:
My son is in prison in another state, his wife has filed for Divorce. She just won a large sum in a lottery and she has inherited a home from her grandmother. Does he have any rights to these assets in a divorce settlement?
03/11/2009 |
Category: Divorce ยป Property Set... |
State: Tennessee |
#15540
Answer:
Tennessee is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. Inheritances are typically considered separate property. Lottery winnings from a ticket purchased during a separation but before divorce are typically separate property. Some of the factors the court considers in dividing the property between the parties include:
1. The duration of the marriage.
2. The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of the spouses.
3. The tangible and intangible contributions of each spouse to the education, training, or increased earning power of the other.
4. The relative ability of each party for future acquisitions of capital assets and income.
5. The contributions of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property.
6. The value of each party's separate property.
7. Any other factors necessary to achieve an equitable distribution.