Q: Can a prenup stipulate that in the event of separation/divorce the foreign spouse would voluntarily leave US?
I'm 9 years 2 months into a 10 year alimony schedule from first marriage. It greatly affected my quality of life, and retirement options. After reading about i864 nightmares I must end any pursuit of a foreign bride unless there is protection from a possible life long support i864 that encourages abuse of it. I'm gullible and will never feel confident enough to chance it without some mitigation of damages.
A: You can enter into a prenup that will specify that your soon to be wife will not ask for spousal support based on your I864 Affidavit of Support or marriage BUT there is no guarantee that the prenup would hold up in Court if challenged by your wife at time of divorce in the divorce case OR in a federal support case. Also, even if you manage to protect yourself from your potential wife asking you for support, the I864 Affidavit of Support is your promise to reimburse the Government should they provide financial support to your wife. Again, your prenup could say that your wife would "indemnify" you should you have to pay anything to the government but there is no guarantee that the prenup would be enforceable. In other words, there is no guaranteed "protection". I hope this helps you make your decision. Best wishes!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
