What is considered a windfall in a divorce? | GTAMotorcycle.com

What is considered a windfall in a divorce?

nobbie48

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A friend is going through a rough one with a psychotic bunch of in-laws and the deck is stacked against him. I know inheritances are not entered into settlement calculations as they are considered windfalls. Do other windfalls exist? Lottery winnings, gifts etc. Any earnings get shared with the psychos.
 
I read the thread title and was thinking "getting it done and having a positive net worth at the end". I wasnt thinking of legal definitions. Shouldnt that be a simple question for their lawyer? If my lawyer didnt give me an answer I trusted to that question, I would be getting a new lawyer (especially in an ugly battle).
 
A friend is going through a rough one with a psychotic bunch of in-laws and the deck is stacked against him. I know inheritances are not entered into settlement calculations as they are considered windfalls. Do other windfalls exist? Lottery winnings, gifts etc. Any earnings get shared with the psychos.

My buddy's next door neighbour's ex got remarried @ 1:30 pm on a Saturday. He won the jackpot in the 6-49 @ 9pm that night. She tried, but......
 
A friend is going through a rough one with a psychotic bunch of in-laws and the deck is stacked against him. I know inheritances are not entered into settlement calculations as they are considered windfalls. Do other windfalls exist? Lottery winnings, gifts etc. Any earnings get shared with the psychos.
As soon as you share the inheritance or winning it is not yours anymore it has to be kept in a separate account in your name only.

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The question is "Is a lottery winning a windfall". I can see where it could be argued the income (Interest) from the winnings is subject to a grab but not the winnings.

Are gifts considered income? They are in welfare cases.
 
As soon as you share the inheritance or winning it is not yours anymore it has to be kept in a separate account in your name only.

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This.
Must be kept separate or it’s fair game.


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If I recall correctly a guy won a big lottery win . Broke up with his wife . Waited 11 months to cash the ticket and hide it . He had to split the win . Pretty sure it was in Ontario .
 
A friend is going through a rough one with a psychotic bunch of in-laws and the deck is stacked against him. I know inheritances are not entered into settlement calculations as they are considered windfalls. Do other windfalls exist? Lottery winnings, gifts etc. Any earnings get shared with the psychos.
I should represent your friend. My divorce cost me $425, I had custody of my kids and it was final on Christmas day. Thank you Santa Claus.
 
If I recall correctly a guy won a big lottery win . Broke up with his wife . Waited 11 months to cash the ticket and hide it . He had to split the win . Pretty sure it was in Ontario .

The win was from before the separation, correct? Then it's shared assets.
 
If I recall correctly a guy won a big lottery win . Broke up with his wife . Waited 11 months to cash the ticket and hide it . He had to split the win . Pretty sure it was in Ontario .

Windsor
 
He also lied to her about it. Quit his job and tried (poorly) to disappear.

He didn’t wait 11 months either. More like 11 hours

The lottery corp would only give him a few million until the court case was done. A couple years later he was broke living with his mom. Eventually it finished in court, lawyers got half fifteen millionish.
 
The lottery corp would only give him a few million until the court case was done. A couple years later he was broke living with his mom. Eventually it finished in court, lawyers got half fifteen millionish.

They gave him half.

The other half they put in a trust and let the courts decide who was to get it.
 
That's only half the story. iirc They regularly played the lottery together. It was those tickets that won the jackpot. There is an argument to be made if one person exclusively plays and the other is against it....especially if there is a pending divorce and said gambling is part if the reason for the divorce.
That being said, if he wanted out, 7 mil seems like a bargain to be done with her.

As per OP, sometimes the inlaws are the worst part of the divorce. I sometimes think in a really bad divorce it may be better to walk away from everything (assets included) and just start over.

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That's only half the story. iirc They regularly played the lottery together. It was those tickets that won the jackpot. There is an argument to be made if one person exclusively plays and the other is against it....especially if there is a pending divorce and said gambling is part if the reason for the divorce.
That being said, if he wanted out, 7 mil seems like a bargain to be done with her.

As per OP, sometimes the inlaws are the worst part of the divorce. I sometimes think in a really bad divorce it may be better to walk away from everything (assets included) and just start over.

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Joe hit the nail on the head. IMO the father-in-law is acting psychopathic. If you do anything to a psychopath that offends them they aren't content with just correcting the offence. They need to destroy you. FIL no longer has a perfect job, house, wife, daughter, son-in-law, etc. His created self image is stained.
 
They gave him half.

The other half they put in a trust and let the courts decide who was to get it.

I think you're talking about two separate incidents.

The 1 incident is over and dealt with.
The other is still outstanding... they released half to the guy. In the outstanding incident... is a little complicated as they weren't common-law.. short a couple months. She might not get anything from it.
 
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