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  1. #1

    Default How to Get Spousal Support Despite a Prenuptial Agreement

    I am a greencard holder. My husband signed an affidavit of support.
    He forced me to sign a pre-nup or he would call off the wedding. He told me to sign my name in the prenup in print because he felt that my normal signature is not readable. My signature on the prenup and on my passport look very different. His attorney drafted the pre-nup putting all my husband's wishes in writing. It states I get nothing and no alimony. The house we live in has both our names on the deed.
    He paid for all the attorney fees and told me to not spend much time with my attorney because he didn't want to pay $200/hr. I spent 30 minutes with the attorney.
    We have been married more than a decade and have two kids. I have been a stay at home mom. But even when I worked before kids he never allowed me to contribute to our household expense. He is controlling and emotionally abusive and I can't tolerate it any more. I am planning an exit. Here are the questions.
    Is it possible that my prenup is not valid? Can I get spousal support because he sign the affidavit of support with the immigration attorney? I have some thousand of dollars in my personal account that he transfered months ago for some business but we end up not using it. How would it affect my divorce settlement if I keep this money for supporting me and the kids during separation and until I get on my feet? He has been asking for the money to be transfered back to his account by the way. Thanks

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Is My Prenup Invalid

    Did you actually get individual counsel for the prenup? How long before the marriage was this? And which form did he sign?

  3. #3

    Default Re: Is My Prenup Invalid

    If a 30 minute meeting with the attorney is considered as counsel then yes. Otherwise, No. I think we signed it one month before the marriage. Don't remember the name of the form, it was about 12 years ago. If it helps, I entered the country on a fiancee visa.

    - - - Updated - - -

    Sorry, he signed an affidavit of support with the immigration office not the attorney.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Is My Prenup Invalid

    (I had to do the math to make sure)

    If he signed the I-864, you can absolutely sue him for support. The obligation only ends if one of these things happen:

    1. You die
    2. He dies
    3. You have earned 40 social security credits (worked for about 10 years)
    4. You naturalize (become a citizen)
    5. You abandon your residency.

    If I were you I'd high-tail it to an attorney. While he may be able to use a 12 year old pre-nup to mitigate, every single case I've seen has been in favor of the immigrant regardless.

    Remember, he made a promise to the US government that he would support you if necessary to the tune of 125% of the Federal Poverty Level.

  5. #5

    Default Re: Is My Prenup Invalid

    What is the difference between I-134 and I-864? Thanks

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is My Prenup Invalid

    Quote Quoting aroundtheworld
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    What is the difference between I-134 and I-864? Thanks
    The I-134 cannot be enforced by the immigrant; the I-864 can.

  7. #7

    Default Re: Is My Prenup Invalid

    If I can only keep the several $$$$ in my account I think I will be fine without a spousal support, because that money will put food on the table and roof over our head untill I get on my feet. But I don't know yet how keeping that money will affect the divorce settlement.

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    He asked me to transfer the money again! I didn't say a word. I am thinking of having a heart to heart talk with him and tell him that I am planning to keep the money. Or, I will transfer the money if he promises in writing with his signature notarized that he will provide spousal support & child support: House/rent, car, medical insurance/expenses for both kids and I and grocery. Does this sound reasonable. Any suggestion?
    I am pretty sure we will split our residence and car. I will keep two lots I bought with my own money pre-kids.

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    All his assets are owned by his irrevocable living trust. I imagine that it would be difficult to touch those even if we don't have a pre nup. One asset in the trust he bought after we got married all others prior to meeting me.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is My Prenup Invalid

    Quote Quoting aroundtheworld
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    If I can only keep the several $$$$ in my account I think I will be fine without a spousal support, because that money will put food on the table and roof over our head untill I get on my feet. But I don't know yet how keeping that money will affect the divorce settlement.

    - - - Updated - - -

    He asked me to transfer the money again! I didn't say a word. I am thinking of having a heart to heart talk with him and tell him that I am planning to keep the money. Or, I will transfer the money if he promises in writing with his signature notarized that he will provide spousal support & child support: House/rent, car, medical insurance/expenses for both kids and I and grocery. Does this sound reasonable. Any suggestion?
    I am pretty sure we will split our residence and car. I will keep two lots I bought with my own money pre-kids.

    - - - Updated - - -

    All his assets are owned by his irrevocable living trust. I imagine that it would be difficult to touch those even if we don't have a pre nup. One asset in the trust he bought after we got married all others prior to meeting me.
    Don't do or say anything until you talk to an attorney who is located in your area.

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