Newton, MA asked in Immigration Law, Divorce and Family Law for Massachusetts

Q: How are assets split in a marriage between a H1-b visa holder and their H-4 dependent?

Hi there,

I am an Indian Citizen living in the US on an H1-B visa. I plan on marrying my childhood sweetheart (an Indian citizen) and bringing her over on a H-4 visa.

In case we decide to get a divorce in the future, how will our assets be split?

1. What happens to my and my wife's US assets?

2. If my wife's H-4 is no longer valid after a divorce, how will I be able to give her her share?

I'd also appreciate any insight (online resources) on this topic so I can do my own reading.

Thank you!

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In the event of a divorce in the United States, the division of assets can vary significantly depending on the state where the divorce proceedings take place. Most states follow either community property or equitable distribution principles. In community property states, assets acquired during the marriage are typically divided equally. In equitable distribution states, assets are divided fairly, but not necessarily equally, based on various factors.

Regarding your U.S. assets, their division will depend on the specific state laws where the divorce is filed. These laws apply regardless of your visa status. For your situation in particular, it would be wise to consult with an attorney who is well-versed in both family law and the nuances of non-citizen asset division.

As for transferring assets to your wife if her H-4 visa is no longer valid, there are multiple ways to handle international asset transfers. This can be a complex process, involving not just family law but also immigration and international law. Financial institutions and legal professionals can assist in navigating these transfers.

For further reading, you might explore resources provided by the American Bar Association, or state-specific legal guides on family law. Websites like FindLaw or Nolo also offer general information that might be helpful. Remember, each situation is unique, and it's important to seek personalized legal advice.

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