My question involves a marriage in the state of: California and Colorado
State: California and Colorado
This question is regards to splitting premartial assets. My friend won a small lottery jackpot (2.1 million) when he was young - when he was only 31 years old. He chose to take out a 30-year annuity payment ($70,00/year for the next 30 years). He married his wife a few years later when he was 35 years old. Now at 42 years old, his wife and him are divorcing after 7 years of marriage - primarily because the wife had an affair with another person. Prior to the marriage, my friend wrote an informal written agreement that in the event there is a divorce, both the wife and him agreed that the wife would not be entitled to any of the lottery winnings and the annuity payments for present and future. My friend has kept that lottery money separate from his accounts he shared with his wife so there's no co-mingling of finances. It is also under his name only.
As part of dividing assets in either California or Colorado, is the wife entitled to any sums of that lottery winnings in spite of an informal premarriage agreement in current and future annuity payments? I was told in his lottery bank account, he has saved up between $250,000 and $350,000 that includes interests and other types of investments. Are future annuity payments from the lottery payable to the wife after the divorce? And can the wife collect on 2.1 million jackpot?