Patricia Daly, an Ireland native from Tullamore, Co. Offaly, struck gold with a Quick Pick in the New York State Lottery in January but now faces a battle to hold onto her winnings, with her estranged husband launching a legal bid for what he claims is his rightful share.
(See Long Island waitress wins $21.5M Lotto jackpot, Lottery Post, Jan. 28, 2011.)
Daly, 40, is a single mother of three who emigrated to New York in 1995. She was one of eight players who won a combined $32.5 million, claiming a lump sum of $8 million.
Working as a waitress at The Saloon in Long Beach, New York at the time, Daly had been struggling for years to make ends meet, combining her main job with babysitting to provide for her three boys aged nine, seven and four.
In a twist of fate, bad weather at Christmas had prevented her from returning home to celebrate the holidays in Ireland, but it also kept her in New York to buy the winning lottery ticket. She told reporters at a press conference after the win that the jackpot came "just in time" and said she planned on telling her children, "that mommy got lucky...everything is going to be okay."
Unfortunately for Daly, things are not yet entirely "okay". Now, her husband Jamie Eisel has decided to take legal action against her, demanding half of the winnings even though he had left the family a year before the ticket was bought.
Court proceedings are to begin later this month and the case could reportedly take up to a year to be decided. Daly has already offered Eisel $1 million of the winnings and no further obligations for child support or college fees in exchange for dropping his suit, but he has refused, the Evening Herald reports.
Eisel has taken action to legally restrain Daly from spending any of the winnings until the case has been settled, and has also begun divorce proceedings, with New York divorce law stating that there must be equitable distribution of wealth and assets between married couples.
When Daly won the money, she told reporters that she didn't want it to change the family's life. She planned to continue working at The Saloon and take her children to Disneyland. First on her list though, was a new place to live for her sons.
"I will buy a home, not a house, here in New York," she said at the time. "Something very comfortable with a big fenced in yard that the boys can run around in. I know they'll be thrilled when I tell them we'll also buy a family dog to run around the yard with them."
As of yet, however, she has not received a penny of the $8 million, as a result of her soon-to-be ex-husband's legal maneuvering. The next court hearing in the case is scheduled for September 13.
Thanks to Starr920 for the tip.
All I can say, and I said it when a similar story about the lady won a huge Megamillions jackpot in Idaho, and that is that what's fair is fair. If the jackpot winner was a man who had an estranged wife, I am sure she would go after her half and others would say she is entitled to half the cash. So now that the shoe is on the other foot, I still think it fits. Does it disgust some that just because he is a man who walked out on his family that that somehow makes him unworthy of sharing in her success? Sure, but it doesn't change the legal fact that until two people are divorced, their lives are still legally entertwined. So give that man his half. He is not stupid. She tried to pawn him off by pitching him $1M! I would have done the same thing he did as I would want that additional $4M in my bank accounts. Way to go Mr. Eisel...score one for gender equality! Now time for the name calling jokes...what rhymes with eisel....?
But it must sure blow for her in that she won all those millions and still has to work at that joint just to pay bills...and everyone knows she is a multi-millionaire. Guess that is a lesson for all those out there who are estranged from a partner...go and get that divorce filed and finalized. Had she done that, she would not still be waiting to buy that house 9 months later or wondering how much she is going to end up with. But you have to think that she knew this might happen as she said she planned to continue working. Also, score another win for claiming prize anonymously. Had she claimed as a part of a trust or LLC, the hubby might have never had a clue (this would have also required her to actually not tell her children she won the lottery...just that they need not worry about money.). She should have just filed for divorce before even going in to claim the prize, encouraged a speedy divorce, then claimed the prize. But sometimes people's emotions get the best of them and they act impulsively.
Money on freeze???
OK this is BS. Now, I know life is unfair.
Folks, the law is the law. Pay the guy 50% and MOVE ON!
All these years of financial anguish is not worth it.
Give him half & sue for back and future child support !
It is the American Way !
The Citizens
get poorer and the Lawyers 
get richer !
maybe my dream will come true tonite !!!!!!!!!!
Pay him half, hit him for back child support, future child support and college funds and divorce fees.
I agree with you completely except that New York State is the WORST state to win any Lotto Prize.
Why because NY Lotto requires you to go public and do a press conference with Yolanda Vega.
It's on the 5pm news, it's on Youtube, it's Everywhere!!!
If you don't won't the Man or Woman before you Buy the Ticket better get a Divorce because law is when you are married to that person it is equally theirs too.
I saw the movie "Cheaper to Keep Her" !!!!!!!!!!!
& I do believe this would indubitably be a lovely time of year to cruise about in a new Bentley !
Thanks for posting this article, Todd
Ms. Daly sounds like a very decent woman with a strong work ethic who just wants to take care of her three young children.
IMO this is a case of delayed gratification - I predict the following:
her attorney will continue to milk the case for billable hours;
her husband will end up with half the money (and be broke in a year or two) ; but
in the end Ms. Daly will move back to Ireland with her children and live a very comfortable, financially secure life.
GOD, if You're listening......
I'm partial to him choaking to the here after on a chicken bone.........
I most definately will not mind.
It's not about her (the wife).
It's all about the kids and how they are still being deprived of quality time with their custodial parent because of...........
GREED!!!!!
Heck..... I'll even settle for his hit and fly-away exit by a bird up side the head. (Make it a big-fat-frozen penguin.) lol
I'm not picky....
Nor do I ask for too much.....
Just the unreasonable.......... lol
Well, it sounds like she (and possibly her three young sons) was almost going to Ireland; so apparently she makes great tips, as her family of four wasn't struggling if any of them are able to travel overseas!
I bet their family is glad that no travel tickets were purchased AND that mom didn't quit her great income in tips job!!!
Being married and separated/abandoned OR being divorced has been a problem for past lottery winners who have been forced by a judge to pay half or so (she needs to be sure that the percentage that the lottery headquarters has to pay her estranged husband is paid DIRECTLY via the lottery headquarters though -- making sure the lottery headquarters deducts taxes from BEFORE the distribution to each her and her husband). Marriage and divorce (even when not recent) are still sticky situations, sad!!!
I hope that this multi-million dollar winner's husband will spend some of these lottery win monies on his three children (if they are his biological or adopted children). Perhaps if the kids would enjoy it, their entire nuclear family could go to Disneyland together.
Ms. Daly should not have to pay her estranged jerk anything. He had already left the family a year before so unless he chipped in for the ticket with the other people, what makes him entitled to anything. And why didn't he file for divorce earlier, it seems that he is a money grubbing person to file after he found out that she won. Did he support his family at all, it didn't sound like it from the story I read.
So does this man owe child support or anything else? She even offered him more than a million to end lawsuit so she could buy a nice place for her children to live.
Can she contest the divorce on grounds of desertion? If so, could she file without having to pay him and unfreeze her assests? If it was me I would hire the best lawyer possible & I would not have even offered him anything. I would donate money to specific charities & since the IRS has already taken out taxes, I would also donate gifts to family & friends leave enough money in my acct then put the rest in investments and overseas bank.
Good luck Patricia Daly!! I will be praying for you. The Man Upstairs will be looking out for you.
Sixty yrs. young
I seen Ms.daly on a tv show. Sad she have to go through that but thats the way it is. Most people who win large jackpots be to old to truly enjoy it or their affairs in life is horrible.