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Orange County Divorce Blog

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Waiver of Spousal Support

In re Marriage of Miotke discussed whether a pre-marital agreement that waives spousal support is nullified when a form I-130 immigration petition is also signed. The I-130 immigration petition (hereinafter “I-130”) requires a guarantee of support for a non-citizen spouse to gain entrance to the United States.

The wife in this case argued that she was entitled to spousal support, because her husband signed a form I-130 with the United States government. The I-130 requires a spouse to support a non-citizen spouse for 10 years if the parties divorce. The trial court upheld the waiver of spousal support in the prenuptial agreement. The wife appealed.

The wife on appeal argued that the mere signing of the I-130 nullifies the waiver of spousal support in the prenuptial agreement. The husband argued that if a person becomes a citizen during the marriage, then the federal obligation of support required by the I-130 ends. In addition the wife worked during the marriage and had 40 qualifying quarters of coverage under the Social Security Act which would also relieve him of his obligation to support her under the I-130. The appellate court upheld the premarital agreement and the waiver of spousal support. It stated that the cases that held that spousal support cannot be waived once the I-130 is signed were different and did not apply in this case. In those cases, the federal government determined that spousal support was required, the State of California did not decide that.

If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as spousal support or any other divorce matter such as legal separation, annulment, custody, child support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.

Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.