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US woman can keep $6.8m jackpot won after divorce, court rules

A stack of US$100 bills (file image).

A US woman who won $6.8 million in a lottery the same month she got divorced can keep her winnings, a judge has ruled.

Rhode Island woman Ana Varela and her ex-husband, Daniel Monteiro, were locked in a bitter legal battle over the mammoth jackpot Varela won in 2020, according to court documents.

Monteiro, 56, fought for a cut of the 48-year-old's winnings after their divorce was finalised, claiming the scratch-off ticket could have been bought before their split was legal due to errors in the paperwork.

The former couple had filed for divorce without legal representation during the Covid-19 pandemic.

But the Rhode Island Supreme Court ruled in favour of Varela after determining the ticket had been purchased sometime between October 29 and 31 – more than 20 days after their divorce was finalised on October 8.

"We conclude that cause has not been shown and that this case may be decided without further briefing or argument," Supreme Court chief justice Paul A Suttell wrote in a June 30 decision. "We affirm the order of the Family Court."

The judge said errors had been made during the divorce proceedings but they were not what led to the legal battle between Varela and Monteiro.

In a statement, Nicholas J Hemond, an attorney representing Varela, told the Boston Globe his client was "happy with the ultimate outcome in the case".

"We are grateful to the careful attention that the Court gave this issue."

Hemond added it was important to secure legal counsel during the divorce process "no matter how amicable or simple" it may appear.

"When litigants try to navigate the system without counsel, things can go sideways quickly," he said.

Varela chose to receive a lump-sum payout of $4.47 million after taxes rather than the full $6.8 million paid over time.

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