Hardin Law Firm PLLC

Hardinlaw firm pllc

Call to Schedule a Consultation
910-849-2356

Man ordered to pay spousal support to ex-wife despite prenup

North Carolina couples who sign a prenuptial agreement cannot always be certain that the provisions of that document will be upheld in court. One woman challenged the terms of a prenup that denied alimony in the event of a divorce. She argued that because her ex-husband had signed an I-864 Affidavit of Support, which affirmed his financial support of her since she was an immigrant, he was obligated to continue to supporting her.

A lower and higher court both agreed with the woman. However, the courts split over the issue of the woman's son's income. He made $3,200 per month, and she lived with him. The lower court ruled that this was sufficient support and that her husband, a real estate agent worth almost $5 million, was not obligated to offer any additional spousal support.

However, the Ninth Circuit court argued that the willingness of a third party to support an immigrant should not come into consideration or lead to breaking the contract of the I-864. According to one of the judges, this could lead to a situation in which a sponsor simply ceases to support an immigrant and then benefits when another person steps in to help.

Alimony may be an issue as many marriages end. Lower-earning spouses might be concerned about how divorce will affect their financial situation in the case of alimony. A higher-earning spouse might be concerned about how the requirement to pay alimony could affect their own financial security. In either case, the person might hesitate to seek a divorce for fear of how it will affect them financially. An individual with these concerns might want to discuss the situation with an attorney.

No Comments

Leave a comment
Comment Information

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy