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Who gets the lottery jackpot after this divorce? The court answers

The couple had already split, but a paperwork mistake sparked one last fight over the jackpot.

The Providence County Courthouse Building and World War I Memorial.
The Rhode Island Supreme Court rejected Daniel Montero's claim to a part of his ex-wife's lottery jackpot win.
Todd Betzold
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A woman thought her divorce marked the end of one chapter in her life. Instead, just weeks after winning a $5.8 million Rhode Island Lottery scratch-off jackpot, she found herself back in court after her ex-husband claimed he deserved half the prize. He argued the divorce wasn't legally finalized because of a paperwork error during the COVID-19 pandemic. After years of legal proceedings, the Rhode Island Supreme Court has now issued a final ruling, deciding once and for all who gets to keep the life-changing jackpot.

A big win in the lottery

The Rhode Island woman, Ana Varela, won $5.8 million after buying a scratch-off ticket from the Rhode Island Lottery just a few weeks after she obtained a divorce from her husband. While it should have been a time to celebrate, that life-changing moment brought one last retaliatory act from her ex-husband, as he sought to claim a share of the prize.

Her ex-husband, Daniel Monteiro, was looking to prove that the divorce was not, in fact, properly finalized when the win occurred. Monteiro claimed this was due to paperwork errors during the COVID-19 pandemic.

Monteiro was suing, as he was trying to prove to the court that Varela bought the ticket while the couple was still legally married. Because of that, he would be entitled to half of the money.

Court rules against ex-husband

This case made its way all the way up to the Rhode Island Supreme Court, but now Varela can luckily put this all behind her. She defeated her former spouse in court, and now will be able to keep the full amount of the money.

According to the Rhode Island Supreme Court, Monteiro had no actual claim to the money. While he claimed Varela bought the ticket while they were legally married, the court investigated it further and confirmed the exact date of the divorce finalization was October 8, 2020.

This happened at least 20 days before Varela bought the lottery ticket, and that ticket happened to win the jackpot at the end of the month.

A clerical error didn't stop the divorce from happening

Before the couple was divorced, Monteiro and Varela had been separated for several years. That separation took place several years into their marriage in 2007.

However, in February 2020, Varela finally filed for a divorce from Monteiro. It was finalized on October 8, 2020, which the court confirmed.

Before the lottery ticket became a factor in things, Monteiro was quite content with separating legally from his wife. However, in 2021, he filed his case in the courts, arguing that the divorce was never formally finalized due to paperwork errors.

The Family Court and Rhode Island Supreme Court both investigated and determined that a paperwork error had occurred. However, both courts determined that the clerical error did not invalidate the divorce.

Now, Varela gets to keep all of the lottery winnings to herself and move on with life years after her divorce.

Enjoy playing the Rhode Island Lottery, and please remember to play responsibly.

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