by 
Spousal support cases create stress for all parties involved during a divorce. Even when we look at this issue outside the lens of immigration, there is at least one person who is worried about how much they will lose. At the same time, the other is concerned about their ability to survive financially without their spouse.
What happens when one or both people are non-U.S. citizens? If you are not authorized to work in the United States, how should you pay court-ordered spousal support? Questions like those are common, and this article aims to help you better understand the law regarding spousal support. We will also discuss how this impacts people who are not U.S. citizens.
Understanding the Laws Surrounding Spousal Support
Spousal support, or alimony, is based on the principles of need and the payer’s ability to pay. This responsibility often raises concerns for those facing the prospect of supporting an ex-spouse financially following a divorce—significantly when it impacts their finances due to alimony obligations. If my spouse chooses not to work, will I be obligated to support them financially?
Voluntary unemployment and voluntary underemployment are critical terms here. The former refers to individuals who can work but choose not to, while the latter describes those who intentionally reduce their income to lower their spousal support payments. These factors are crucial in determining alimony amounts. Remember, it goes back to need and ability. Does your spouse have the ability to work? Do you have the ability to pay?
Spousal Support and Immigration
Immigration status can significantly limit your ability to fulfill spousal support obligations, as mentioned above. Even citizens with proper work authorization may find their employment options severely limited. This restriction can lead to inadequate or irregular income, affecting their ability to pay consistent alimony as a court orders.
The impact of immigration status extends beyond just the legality of employment. It also affects the types of jobs available, the stability of income, and the potential for career advancement, which are crucial factors in determining a fair spousal support amount. In other words, someone’s immigration status is factored into spousal support determinations.
A person’s immigration status is a pivotal factor in their employment opportunities and, consequently, their ability to pay spousal support. Those without work authorization often face a challenging job market, limited to roles that may not fully utilize their skills or offer adequate compensation. This situation can lead to a significant discrepancy between their actual earning potential and the income considered in spousal support determinations.
Moreover, the uncertainty surrounding immigration status can lead to sporadic employment, further complicating fair and sustainable alimony payment determination. Courts must consider these unique challenges when deciding spousal support obligations for these individuals.
Under-the-Table Employment
Working “under the table” is the only income source for some people. During the divorce process, the person’s income will likely not surface during discovery because there is no record of what the person has been for compensation. Divorcing couples have the following concerns:
- Should I tell the court if I am paid under the table?
- If my spouse makes money under the table and doesn’t admit it, will I not get spousal support?
Individuals who fail to disclose income from such employment risk being accused of material misrepresentation. This misrepresentation affects the outcome of the divorce and may also have severe implications for their immigration status.
The consequences of hiding under-the-table income can be far-reaching. It can lead to legal penalties, including fines, and potentially impact one’s immigration status in the country. Additionally, it may result in a reassessment of the spousal support amount, potentially leading to higher payments than initially anticipated.
ZafiroLaw
ZafiroLaw works with people dealing with legal issues with family law, immigration, or both. Confronting legal matters involving spousal support and immigration status requires experienced legal guidance, which our team will provide. We offer personalized legal advice to address your unique situation effectively.
If you are preparing for a divorce or are facing challenges due to your immigration status, ZafiroLaw is here to assist. Schedule a consultation with us to explore your legal options and ensure your rights are protected.
