Her money...

...may have come from a pool of assets that she brought into the marriage. If so, she could have kept those assets separate from the couple's combined assets. And, the 2.5 million may have been the result of investment growth over the years. Since the Feds have yet to charge her with a crime (and would need a conviction, of course), it would be difficult for them to seize that money. But, I believe HT is correct that a civil claim could be made against her by Madoff's victims (and/or idiots), suggesting that she was complicit in the scheme. A finding against her in civil court could occur even if she is never charged or convicted of a crime (a la OJ and Ron Goldman). To be safe, she might want to spend it fast...