13. Is a lottery win subject to equalization?

A lottery win may be subject to equalization depending on timing and ownership.

Generally:

 if the lottery win occurred before separation and the winnings or remaining proceeds

exist on the valuation date, they may be included in net family property;

 if the ticket was purchased before separation but the prize was received after separation,

timing and entitlement may be disputed;

 if the win occurred after separation, it is generally less likely to be included in net

family property, because equalization is usually based on property existing at the

valuation date;

 if winnings were used to buy family assets, pay debts, invest, or purchase a home, tracing

may be required.

The matrimonial home rules may also become relevant if lottery funds were used to buy or

improve a matrimonial home.