Question #133:One of my friends was married in february 2003 and has now decided to separate from his spouse but is trying to be understanding about her situation. Her situation is that she is awaiting citizenship papers. Now I am worried for him because when the time comes she may want to take spousal support from him because she works off the books. He says she is a good person just that he is not in love so he doesn’t believe she will do something like that. However I am a woman and I know better. They don’t have any children from one another, however she did give birth to a stillborn last month; october. They both live in NYC. What are the laws of alimony in this case? Thank You.

The longer your friend remains married, the stronger his spouse’s claim to spousal support, especially since she is not working and he is the sole support for both of them presently. He should also think twice about whether he wishes to continue to remain as her immigration sponsor in the United States since he may be held liable for her support even after the divorce is settled.

If your friend is located in the New York City metropolitan area , I strongly suggest that he call me at 212-370-1660 to discuss mediating his divorce. This should not be left to self-help. It’s too important for his future, and if not done properly will expose him to financial claims in years to come.

Leonard M. Weiner, Esq./Divorce Solutions