He called the State Lottery Board, and then filed a motion to set aside the divorce degree and for damages for wife's fraud and breach of fiduciary duty.The court ordered the wife to disgorge all her winnings (100%) and pay them over to the husband.She fails to list the lottery winnings in her paperwork, and refused to disclose it to the husband later claiming, among other things, that she had been a victim of domestic violence.Because the husband had no idea about the lottery winnings, he did not dispute the divorce or wife's asserted date of separation until much later when one day he received a letter intended for the wife by a company offering to buy out the winnings.For instance, what happens when a spouse who controls or who is the business, which was established before or during the marriage, continues to derive income from it after the parties separate? Perhaps it goes down in value through market factors, or maybe even the spouse intentionally drives it into the ground in order to reduce the amount that will be ordered to buy out the other spouse's interest.In all these situations a date of separation determination is crucial.This is called the Moore-Marsden approach to equitable reimbursement.
It is a snapshot in time with huge ramifications, including how long a spousal support obligation may continue and when it might be terminated.Another common area where it comes up in with regard to pensions, whether they be defined benefit plans or contributive benefit plans.Whatever accrues to the spouse who holds the pension by way of his post-separation contributions belongs to them.Similarly, upon separation each spouse is no longer liable for the debts of the other spouse.
The community estate is liable for a debt incurred by either spouse "during marriage".
It is used to determine the length of marriage for purposes of deciding how long someone must pay, or can receive, spousal support.