won the lottery prior to marriage, payments are distributed annually, in divorce proceedings is it considered separate or community property

Question

won the lottery prior to marriage, payments are distributed annually, in divorce proceedings is it considered separate or community property

Answer

I say it is separate property. Community property is determined at the time it is acquired, which in this case is when the right to payments accrues, not when the actual payment is made.

With that said, however, separate property can become community if it is commingled with community property.