She Won $4 Million on a Scratch-Off Right After Her Divorce. Her Ex Fought All the Way to the State Supreme Court

A Rhode Island woman who won $4 million on a scratch-off ticket just weeks after her divorce was finalized gets to keep every dollar of it, the state's highest court has ruled.

In a June 30 decision, the Rhode Island Supreme Court affirmed a Family Court ruling that Ana Varela, 48, does not have to share the winnings with her ex-husband, Daniel M. Monteiro, 56. What began as an undisputed, amicable divorce turned into a years-long legal fight the moment Varela cashed her ticket.

An amicable split, at first

Varela and Monteiro married in November 2007. Monteiro left their home in 2012 and moved to Massachusetts. In February 2020, Varela filed for divorce, saying the two had lived separately for more than three years. Monteiro did not contest it, filing neither an answer nor a counterclaim. The case was heard over video in June 2020 with both spouses representing themselves, and the final paperwork, entered on Oct. 8, 2020, said the couple had divided their property to mutual satisfaction, had no real estate or joint debts, and would share custody of their two children.

Then came the ticket

Weeks later, Varela bought a winning scratch-off. The exact date is disputed, but the court found it was sometime between Oct. 29 and Oct. 31, 2020, more than 20 days after the final judgment was entered. She cashed it on Nov. 4 and took the prize as a $2.6 million lump sum, which came to about $1.8 million after taxes. If you have ever wondered how much the government keeps on a win like that, we break it down in how lottery winnings are taxed.

The ex-husband's challenge

In September 2021, Monteiro filed a motion to vacate the divorce judgment, arguing the ticket had actually been bought before the judgment was entered, which would make it a marital asset subject to division. He also pointed to procedural mistakes, including the fact that the divorce paperwork was entered prematurely. The Family Court agreed there had been errors, describing the early entry as a "ministerial error during the height of the COVID-19 pandemic," but held the judgment was not void. In June 2023 it denied Monteiro's motion and declared the lottery proceeds were not marital property, finding the ticket was purchased after the divorce was final.

The Supreme Court's ruling

Monteiro appealed to the Rhode Island Supreme Court, arguing the judgment was void and his due process rights had been violated. The court disagreed. It called the same-day entry of the two documents "merely a procedural defect" that did not exceed the Family Court's jurisdiction. Chief Justice Paul A. Suttell wrote the decision.

"We conclude that cause has not been shown and that this case may be decided without further briefing or argument ... we affirm the order of the Family Court," Suttell wrote.

Both sides react

Monteiro's attorney, Robert D. Goldberg, said his client was not satisfied with the outcome. "My client is disappointed in the decision and I'm surprised that the Court failed to enforce the long-standing and unambiguous statute ... and changed the law," Goldberg wrote in an email.

Varela's attorney, Nicholas J. Hemond, said the court got it right. "Our client is happy with the ultimate outcome in the case and we are grateful to the careful attention that the Court gave this issue," he wrote. Hemond added that the case is a reminder of why legal help matters, even in a friendly divorce. "When litigants try to navigate the system without counsel, things can go sideways quickly."

For Varela, the ruling closes nearly five years of legal wrangling and lets her keep the full prize. For everyone else, it is a reminder that timing can matter enormously when a windfall lands close to a major life change. Rhode Island players can see the state's current scratch-offs on our Rhode Island page.

Sources

The Boston Globe: A woman won $4 million playing the lottery. Then, her divorce case went to the Rhode Island Supreme Court