The Law Firm of Chris E. Ragano, P.A.
Hablamos español
Call 800-277-2388
to speak to an attorney today.

Judge rules man must pay alimony despite prenup

A Florida couple might draw up a prenuptial agreement hoping it will protect both of them from spousal support obligations, but this is not always the case. On June 8, the U.S. Court of Appeals for the 9th Circuit ruled that a divorced man who signed an Affidavit of Support to bring his immigrant spouse to the United States was still obligated to support her under that immigration document despite a prenuptial agreement that stated otherwise.

According to the terms of the prenup, neither spouse would seek alimony. However, after the two divorced, the woman filed a claim against her ex-husband stating that he must continue to support her based on the agreement and that he had only given her $3,500 to move.

A lower court agreed with her, but since she had moved in with her son, who made $3,200 per month, it also said that she had sufficient support and that her ex-husband did not have to contribute. However, the higher court said that the son's income should not be considered. The judge in that case pointed out that a person should not be released from a contractual obligation simply because another individual agreed to take up that support and expressed concern that it would lead to sponsors cutting off support payments until someone else stepped in.

A divorce can be financially devastating. In many cases, one spouse has made significant contributions to the family life and career of the other spouse but has never received monetary compensation for that support. A stay-at-home parent who has been out of the workforce for a long time may need spousal support while building a new career. A person who is considering divorce and is concerned about the subsequent financial situation might want to speak to an attorney about how best to proceed.

No Comments

Leave a comment
Comment Information
Get In Touch

Talk To An Attorney About Your Family Law Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Make your next step the right one. Call 800-277-2388 to speak to a lawyer.

Review Us
Brand

The Law Firm of Chris E. Ragano, P.A.
3408 S. Manhattan Avenue, Suite 1
Tampa, FL 33629

Toll Free: 800-277-2388
Tampa Law Office Map