Estranged wife entitled only to 2.5% of husband’s lottery winnings
Married couple was physically separated in June, 2006. The husband then won $2,000,000 in the lottery in January, 2011 and coincidentally decided that a final divorce decree was long overdue. Trial Court found that wife was entitled to only 2.5%
Of note was that wife sent requests for admissions that husband did not answer. By these admissions, husband admitted that a 70/30 split to the wife was a just and equitable distribution. The Court of Appeals agreed, affirming that requests for admissions may be used to establish legal conclusions, but stated that husband only admitted that it was “a” just and equitable distribution and not “the only” such distribution. The trial court was still obligated to decide of the distribution was fair and reasonable. See Ind. Code § 31-15-7-5. In so holding, the Court noted: Discretion signifies choice, and a decision-maker exercising discretion has the ability to choose from a range of permissible conclusions. Johnson v. U. S., 398 A.2d 354, 361 (D.C. 1979).