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What will happen to me after divorce?

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moonlightwine

Junior Member
What is the name of your state (only U.S. law)? CA

My husband started a company, at the same time I moved in with him. I've been helping him take the business off the ground by doing the administrative and marketing side. After he proposed, he asked me to sign a prenuptial agreement. I really don't mind signing it, because I don't have plans of taking 50% of his properties acquired before the marriage. My concern is it seemed to abolish communal property. All properties acquired before and after marriage will be divided according to one's contribution, so there should be proof of contribution.

"The parties hereby acknowledge that with respect to any determination of ownership of property that may occur in the event of the parties separating, or upon the death of a party, all property will be treated as separate property owned solely by one party unless there is proof of shared legal ownership."

However, in another part of the agreement, it says that:

"The parties agree that the investment of time or labor to the other will be deemed to have been made gratuitously, and without expectation or right of compensation unless agreed to the contrary in writing."

I was in a way forced to sign it, although it was one-sided. I had to sign it because he won't marry me if I won't sign it. I had no work, no money, no family and friends here, and was on tourist visa, when I signed it. I was totally dependent on him. I want to be with him forever, that's why I signed it with trust. But, I am starting to realize now how disadvantageous it is. Whether we divorce or not, I will get nothing even though I am devoting my time for the growth of the company. He even treats me as an employee and not a partner in this business. He doesn't want clients to know that I am his wife. He keeps on saying I have to devout my attention full-time to the business, because it's our business. Obviously, it is not. It his solely on his name with prenuptial agreement backing it up.

He just downloaded the agreement online, did not consult lawyers for it, refused to compromise with me, signed it two days before we got married, and my visa was expiring then. Now, he is pressuring me to work full time for him without pay or equity. He will keep on bitching on me that I don't have the right to make decisions in the relationship, because I don't put food on the table. I told him about my plan of getting a job in the military, but he told me it will just ruin our relationship. I am scared to commit myself fully to something I don't own. If he cheats on me, he walks away with everything. I have no job (because I devout myself to the business without getting paid), no relatives, no friends, no money, no properties. If he decides to ditch me, I will find myself homeless.

Two weeks ago, he brought me to Southern CA. We had an argument, and he left me in a parking lot. My phone was unfortunately going mad and could not turn it on. I decided to stay in the parking lot and wait for him. After 3 hours, he still did not come back. I could not go to the motel where we were staying, because I don't have money with me to commute. I could not help but cry. If I were in my country, these things would not be happening to me. There were a lot of people, who approached me and tried to help. One woman gave me twenty dollars for a taxi, some offered me a ride and lent their phones. I refused to call him, because he intentionally left me, so why call and ask him to pick me up. Then, two police officers found me. They told me that they will call him, because I am his responsibility. He just came to pick me up, after the police called him. I don't know if they made a police report out of it, but they asked me for my name, address, contact info, and narrative of what happened.

I can see myself being homeless and helpless, if he will not change. I have never thought of committing suicide in my entire life, but I started to think of doing it since I moved in with him. As a matter of fact, the aforementioned incident makes me feel that he doesn't really care about me. He just wants to take advantage of my weakness for his own satisfaction and business.

I did not hesitate to waive my alimony, but I am starting to think it is so stupid of me to do so. I work for his business without pay, without equity, without partnership. If he ditches me, I have no alimony to help me move on. Do you think the court will give me a favorable decision if I decide to challenge the agreement?

I really need your help. Thank you so much in advance.
 


Proserpina

Senior Member
Did you take the prenup to your attorney before you signed?

And - this is important - did your husband sponsor your residency? (ie, did he submit the I-864 Affidavit of Support)
 

LdiJ

Senior Member
I agree that the questions asked by the others are very important, but I also think that you should get a job outside of his business. You need some independence and self sufficiency.

You also need to meet people and make some friends of your own, so that you have someone to go to for temporary help if you need that.
 

Proserpina

Senior Member
I agree that the questions asked by the others are very important, but I also think that you should get a job outside of his business. You need some independence and self sufficiency.

You also need to meet people and make some friends of your own, so that you have someone to go to for temporary help if you need that.
Absolutely!

One of the first steps to independence is realizing that yes, you CAN survive on your own - and that you at least know how to get help should it become necessary.

Not always easy coming to that epiphany, but it's critical.
 

moonlightwine

Junior Member
Did you take the prenup to your attorney before you signed?

And - this is important - did your husband sponsor your residency? (ie, did he submit the I-864 Affidavit of Support)
Hi, thank you all for your responses.

Yes, he is supporting my residency right now.

I have nowhere to go now, because I left my scholarship in England after he proposed to me. :(

I really have no choice, but to be his servant for the next 2-5 years.
 

moonlightwine

Junior Member
Did you take the prenup to your attorney before you signed?
I was a broke graduate student, when I came here. I tried to consult lawyers over the phone, but they wouldn't give me any advice unless I give them retainer fee, which is way beyond what I can afford. Thus, I did not have a choice, but to sign the agreement.
 

moonlightwine

Junior Member
I agree that the questions asked by the others are very important, but I also think that you should get a job outside of his business. You need some independence and self sufficiency.

You also need to meet people and make some friends of your own, so that you have someone to go to for temporary help if you need that.
I am being recruited by the military to work, which will require me to do training out of California. I told the guy about it, but he didn't want the idea. He is even scaring me that it will cause the breakup of our relationship. It's hard to find a job right now, and the US Air Force seems the only way to go. But I love him, even if he maltreats me.
 

Isis1

Senior Member
I am being recruited by the military to work, which will require me to do training out of California. I told the guy about it, but he didn't want the idea. He is even scaring me that it will cause the breakup of our relationship. It's hard to find a job right now, and the US Air Force seems the only way to go. But I love him, even if he maltreats me.
if you break up over a job, you will have a job. if you break up after turning down this offer, you have nothing.

the question is, do you love yourself?
 

Ohiogal

Queen Bee
if you break up over a job, you will have a job. if you break up after turning down this offer, you have nothing.

the question is, do you love yourself?
I agree. If he is isolating you and preventing you from working and from being free enough to make choices to get yourself financially independent of him then he is doing you no favors. And no you don't have to be his slave for the next 2 to five years. That is ridiculous. Especially if he signed to support you. He will have to do so -- the federal government will make sure of that -- regardless of whether you are still married to him or not.
 

Proserpina

Senior Member
If your husband has submitted that I-864, provided you are either conditional permanent resident or non-conditional permanent resident, it does give you standing to sue him for financial support (anything up to about $1000/month, give or take) using the I-864. In signing and submitting that form he has created an enforceable agreement. He has basically told the government that he will support you until one of this things happen:

1. You die
2. You leave the country permanently
3. You naturalize and become a citizen
4. You have worked and obtained enough social security credits (roughly 10 years of work equals 40 social security credits, more or less)

Though it's not an everyday occurrence yet in recent history the courts have consistently ruled in favor of the immigrant and ordered the sponsor to pay.

In other words none of the sponsors have prevailed, and all have become legally responsible for supporting their spouse (though the degree of support can change given employment situation of the immigrant). In all honesty I think this is a dangerous and slippery slope (on the whole), but as it stands you do have the right to sue your ex for support based on the I-864.

To summarize:

If you have gained permanent residency (whether it's conditional or not) and you don't fit into those four reasons earlier, your husband is obliged to support you.

Please turn on the PM function in your profile :) ( I'm an English-born permanent resident who has jumped through many hoops involving divorce, residency and support .)

ETA: um..yes, what everyone has said!
 
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