An ex-wife’s lottery winnings are safe from her ex-husband’s creditors, as stated in a June 18th, 2012 New York Law Journal article.

During the marriage the wife won the lottery and placed the majority of her winnings into an investment account that was restricted on withdrawals. The ex-husband was awarded $50,000 of the winnings and $10,000 to be used towards legal fees.  The ex-husband petitioned the court to gain an additional $52,000 claiming the funds were needed for his creditors and that he was entitled to the funds.

After reviewing the facts of the case the court found that there was no evidence showing that the ex-husband was entitled to the funds, nor did they find any evidence that he had creditors in that amount. Overall, the court denied his petition for additional funds.

Jayson Lutzky, P.C. ( has been a practicing New York attorney for over 29 years and is experienced in working with divorce cases and can assist you in all your family law issues. If you have legal questions about a child custody, child support, or spousal support issue, then please feel free to call us at 1-800-660-LAWYER or 1-800-660-5299 or visit our office for a free initial consultation.