Imagine this scenario: You divorce your spouse, the court orders you to pay alimony, and life moves on. But then comes the plot twist: your ex suddenly wins big in the lottery. That’s exactly what happened to one ex-couple in New Jersey, and it’s had people asking the same burning legal question: “Can you stop paying alimony if your ex becomes a multimillionaire?”
At the law offices of LaGrandeur & Williams, we hear this type of question more often than you’d expect. Lucky for you, we’re keen to try and answer said burning legal question.
First things first: Lottery winnings after divorce are usually separate property
A man named Mike Weirsky won $273 million just months after his divorce from his ex-wife Ellen Murray, who had been ordered to pay him spousal support for five years. Ellen was generous in her public statements, saying she didn’t want a penny from his lottery winnings.
Because the divorce was already finalized when Mike purchased the winning ticket, his jackpot was legally his own, separate property. Washington law is similar: assets acquired after a divorce aren’t marital property, no matter how lucky (or unlucky) the timing feels.
That means Ellen couldn’t claim a portion of the winnings. That’s typically the case for most divorced Washington divorcees, too.
But the bigger question is: Can you cancel alimony?
Potentially, yes. But it depends.
In Washington, spousal maintenance can be modified when there is a substantial change in circumstances — something the court didn’t anticipate when the original order was issued. A sudden, massive financial windfall is exactly the kind of change courts may consider. A judge would look at:
- The financial circumstances at the time of the divorce;
- The original purpose of the alimony; and
- Whether the paying spouse’s obligation is now unfair or unnecessary.
Alimony exists to support a spouse who needs it, not to subsidize someone who now has enough money to buy three houses, two boats, and a coffee chain.
So, if the ex receiving alimony suddenly becomes extremely wealthy, a court may decide the paying spouse shouldn’t have to keep writing checks. Note, however, that this isn’t automatic. You still need a judge’s approval, which requires filing a petition to modify or terminate maintenance.
What if your divorce agreement makes maintenance non-modifiable?
Some divorce settlements include a clause stating that alimony cannot be changed later. If so, you may be stuck with those terms, even if your ex wins the Powerball, Mega Millions, and the neighborhood raffle all in the same week, and you want a piece of their winnings.
Courts usually respect non-modification clauses unless there was fraud or serious misconduct. So, your specific agreement matters a lot.
Does the lottery winner’s behavior matter?
Sometimes it does.
If the ex receiving alimony is publicly celebrating their wealth, giving interviews, or flaunting their sudden prosperity in public/online, it becomes easier to demonstrate that they no longer need support. Courts look at real financial circumstances, not social media posts, but evidence of substantial wealth is relevant.
So, yes, that Instagram post of you humble-bragging your new sports car may come up in court.
If you’re in Ellen’s position, what should you do?
If, like Ellen, you’re paying alimony and your ex has become suddenly wealthy — whether through a lottery win, an inheritance, or a lucrative new job — don’t just stop paying. Do all or any of these instead:
- Consult a family law attorney.
- Request a modification.
- Present evidence of the substantial change in circumstances.
Courts won’t punish someone for coming into a financial windfall, but they also won’t force you to support someone who no longer needs it.
Reversal of fortune: When fortunes change, court orders can change too
Divorce may legally end a marriage, but financial ties sometimes continue longer than the relationship. Washington law allows adjustments when circumstances dramatically shift, and few things shift circumstances faster than suddenly becoming a multimillionaire.
If you’re wondering whether your alimony order could be modified because your ex hit history’s biggest jackpot, LaGrandeur & Williams can help you understand your options with clarity, empathy, and just enough humor to make the legalese less painful.
Need advice? Contact us to schedule a consultation or if you want to chat about what’s fair, jackpot or no jackpot.