Immigrant Spouse Entitled To Alimony Despite Waiving The Right In A Prenuptial Agreement

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Most people understand that prenuptial agreements are a practical way to handle issues of property division and alimony before the marriage even begins. These agreements can help ensure a less contentious divorce, allowing for fewer surprises when it comes to the division of assets.

The law generally favors the freedom to contract and the enforceability of prenuptial agreements, except in a handful of rare exceptions. One such exception recently came to light in a divorce case involving an immigrant spouse.

The Case: Prenuptial Agreement vs. I-864 Affidavit of Support

In this case, a U.S. citizen married a woman who was not a U.S. citizen in 2012. Before the marriage, the couple executed a prenuptial agreement that explicitly stated the husband would never have to pay alimony or spousal support in the event of a divorce.

However, the couple also signed an I-864 Affidavit of Support before the marriage. This is a federal document that ensures an immigrant moving to the U.S. will not become a financial burden to the public. The person signing the I-864 Affidavit pledges financial responsibility for the immigrant spouse, even if the couple later divorces.

Court Ruling: I-864 Takes Precedence

When the couple divorced, the husband tried to enforce the prenuptial agreement to avoid paying alimony. However, the court ruled against him. The court found that by signing the I-864 Affidavit, the husband had pledged under oath to the U.S. government that he would ensure his ex-wife would not become a public burden. As a result, the prenuptial agreement could not override the federal obligations under the I-864 Affidavit, and the husband was required to pay spousal support.

The Importance of Competent Drafting

Although prenuptial agreements are valuable tools for protecting assets and minimizing conflict during divorce, they must be drafted effectively to ensure they don’t conflict with other legal obligations or public policy. In cases like this, a prenuptial agreement may not stand if it contradicts federal law.

If you are considering drafting a prenuptial agreement, seeking to enforce one, or believe your prenuptial agreement is unenforceable, it’s crucial to consult with a knowledgeable family law attorney. The attorneys at DiPietro Family Law Group can review your case and fight for the outcome you deserve. With decades of experience in family law matters, we are here to help!

Call us today to schedule a consultation at (888) 530-4374.