Giha v. Giha

Facts

On October 7, 1987, H filed a complaint for divorce on the grounds of irreconcilable differences. The trial began on May 20, 1988. During a recess on the first day of trial, the parties reached an agreement for the disposition of their property. Both parties testified that H would retain the future income from his medical practice from May 20, 1988, the date of the trial. The parties also agreed to divide equally the net proceeds from the sale of their marital assets. On May 31, 1988, the Family Court entered a decision pending entry of final judgment confirming the parties' agreement reached at trial. On December 25, 1988, H learned that he had won the MEGABUCKS game. His winning lottery ticket was worth $120,000 per year for 20 years. H waited until October 6, 1989, to claim his prize from the Massachusetts State Lottery Commission. He testified that he delayed claiming his prize for health reasons and because he was trying to liquidate his medical practice. On April 27, 1989, six months prior to H's claiming his prize, the Family Court entered its final judgment severing the parties' marriage. The final judgment stated that 'commencing as of May 20, 1988, all income of H shall be the sole property of H.' W filed a complaint for post-final judgment relief claiming that H committed fraud by failing to disclose his lottery prize to her and the Family Court. W asserted that the $2.4 million lottery prize was a marital asset since H won the prize during their marriage and that the prize should be divided equally between the parties. The court dismissed the complaint concluding that an individual need not update information on a change in his or her financial circumstances after the trial concludes. W appealed. W asserts that H had an obligation to disclose his lottery prize to her and the court and that he committed fraud by failing to so disclose.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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