Question: Nagib Giha husband filed a complaint for divorce from Nelly
Nagib Giha (husband) filed a complaint for divorce from Nelly Giha (wife), on the grounds of irreconcilable differences. On May 20, the parties reached an agreement for the disposition of their property that provided that they would divide equally the net proceeds from the sale of their marital assets. There was a statutory waiting period before the divorce was final. On December 25, during the statutory waiting period, the husband learned that he had won $ 2.4 million in the Massachusetts MEGABUCKS state lottery. The husband kept this fact secret. After the waiting period was over, the family court entered its final judgment on April 27 of the following year, legally severing the parties’ marriage. Six months later, the husband claimed his lottery prize. When the ex wife learned of the lottery winnings, the ex wife sued to recover her portion of the lottery prize. She alleged that the lottery prize was a marital asset because her husband had won it before their divorce was final. Is the $ 2.4 million lottery prize a marital asset? Has Mr. Giha acted ethically in this case? Giha v. Giha, 609 A. 2d 945, 1992 R. I. Lexus 133 (Supreme Court of Rhode Island)
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