Is my spouse financially responsible for me if we get divorced?

If you have recently divorced your spouse, you might be wondering if they are financially responsible for your wellbeing?

Under New Jersey case law, if a couple becomes divorced and one of the spouses has filed for an immigration petition, the supporting spouse must provide financial support for the other person.

Once the immigration petition has been granted, the supporting spouse is bound by Form I-864 financial contract. This contract requires the supporting spouse to provide financial support for the beneficiary for up to 10 years. The supporting spouse will be responsible for any debts that are incurred by the beneficiary.

A divorce cannot break the I-864 financial contract. The only way that the contract can be nullified is if the beneficiary spouse remarries or becomes a US citizen, or has worked 40 quarters of work inside the US (normally a 10-year period). If either of the party becomes deceased, the contract can also be nullified.

Let Our Team of Immigration Experts Help

Going through a divorce can be difficult. We know that during these hard times you often need a helping hand. Our team of immigration attorneys can help you determine if you are eligible for spousal support. Please give us a call today so we can investigate your case. We look forward to hearing from you.