Ex-Wife Wins Lottery, Ex Sues to Overturn the Divorce

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A married couple separated in 2012, with the husband moving out of the marital home and into another state. In February 2020, the wife filed for divorce in Rhode Island on the grounds of living separate and apart for over three years. Neither party was represented by counsel, and the husband did not file an answer or counterclaim. Both appeared remotely for a nominal divorce hearing in June 2020, where the court found the marriage irretrievably broken, the parties self-sufficient, and no joint property or debts to divide. A Decision Pending Entry of Final Judgment (DPEFJ) and a final judgment were both entered on October 8, 2020. After the divorce, the wife purchased a lottery ticket and won $4 million.

The husband subsequently moved to vacate the final judgment in the Providence County Family Court, arguing that the lottery ticket was purchased before the divorce was final, making it a marital asset. He also claimed procedural defects, specifically that the final judgment and DPEFJ were entered simultaneously, violating the statutory requirement of a 20-day waiting period. The general magistrate found the judgment was entered prematurely but not void, yet granted relief due to procedural irregularities and continued the matter to address potential distribution of the lottery winnings. The wife appealed, arguing that the magistrate exceeded his authority and that any error was at most procedural.

The Supreme Court of Rhode Island reviewed whether the divorce judgment was void and subject to vacatur. The Court held that the Family Court had subject-matter jurisdiction and that the simultaneous entry of the DPEFJ and final judgment was a procedural error, not a jurisdictional defect. The Court further found no due process violation or prejudice to the husband and concluded the lottery winnings were not marital property. The Supreme Court affirmed the Family Court’s denial of the motion to vacate the final judgment.