Q: Can my spouse sue me for all the money she spent for me when I divorce her?
I am a green card holder due to my US citizen spouse. I immigrated to the US this year and am a part-time worker. My spouse and her family have been the ones covering the major expenses throughout our marriage (wedding ceremony, immigration, etc.) since I do not have a high income. Unfortunately, I want a divorce and go back to my country. They threaten to sue me for all that they spent on me throughout our relationship when I try to divorce her. I am scared of being imprisoned that's why I hesitate on pushing the separation. However, she signed an Affidavit of Support for my immigration. Would this protect me from their threats since it would show that I am not financially capable of paying them back? Can my spouse still sue me for all that they spent? Note that we have been married 4 years and do not have kids, properties, major assets, or debt together.
A:
In California, the financial support provided by a spouse during the marriage is typically considered a marital gift and not a loan that needs to be repaid upon divorce. The Affidavit of Support may obligate your spouse to support you above the poverty line, but it does not create an automatic debt that you owe to them for expenses incurred during the marriage.
However, each case has unique facts that could potentially influence the outcome. Divorce proceedings would generally involve an equitable distribution of any marital assets and debts, but it is unlikely that a court would order you to reimburse your spouse for the marriage's general expenses.
Rest assured, you would not face imprisonment for being unable to repay such expenses. If you feel threatened or unsure about the legal implications, you should discuss your situation with a legal professional who can provide guidance based on the specifics of your case.
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