A Rhode Island woman has been awarded the full $4 million lottery jackpot after a legal battle with her ex-husband, who sought a share of the winnings. The Rhode Island Supreme Court ruled that the lottery ticket, purchased in October 2020, was acquired after the divorce was finalized and therefore was not marital property.
Ana Varela, 48, and her ex-husband Daniel Monteiro, 56, were divorced in February 2020. The divorce was finalized on October 8, 2020. Varela purchased the winning scratch-off ticket between October 29 and October 31, 2020. Monteiro attempted to claim a portion of the winnings, arguing the ticket may have been bought before their split was legally recognized.
Supreme Court Chief Justice Paul A. Suttell stated in the June 30 decision that the timing of the ticket purchase was the deciding factor. The court affirmed the Family Court's order, concluding that Monteiro was not entitled to any of the winnings.
Varela opted for a lump-sum payout of approximately $2.6 million, which amounts to nearly $2 million after taxes, instead of the full $4 million distributed over time. Her attorney, Nicholas J. Hemond, expressed satisfaction with the outcome and emphasized the importance of legal counsel during divorce proceedings.
According to court documents, Varela and Monteiro married in November 2007. They had been separated since 2012, with Monteiro relocating to Massachusetts. Varela filed for divorce in February 2020, stating they had lived apart for over three years. Both parties represented themselves during the initial divorce hearing in June 2020.
Procedural irregularities in the divorce filing were noted, including the simultaneous entry of documents that typically have a waiting period. The Family Court acknowledged a 'ministerial error' during the COVID-19 pandemic for entering the final judgment and decision pending entry of final judgment on the same day in October 2020. However, the Supreme Court determined these errors did not invalidate the divorce.
Suttell observed that the lottery win transformed what might have been an amicable divorce into a contentious legal action. The court's final ruling hinged on the fact that the ticket was purchased more than 20 days after the divorce became official on October 8, 2020, establishing it as Varela's sole property.