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FINANCIAL ORDERS: S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637 (Fam)

Date:8 NOV 2011

(Family Division; Mostyn J; 14 October 2011)

The wife won a share of a lottery prize worth £500,000. At issue was the treatment of such a prize in financial remedy proceedings following divorce. Distinction between matrimonial and non-matrimonial property. In this case the prize was received by the wife during marriage and not after de facto separation and most of the money was invested in the matrimonial property. The husband was ignorant of wife's participation in lottery.

Held that the winnings could be characterised as non-matrimonial property which were converted to matrimonial property to the extent that a home was purchased. However the non-matrimonial nature of the source of the monies should be reflected in the award. Judge identified £82,000 as what the husband needed on clean break basis.