Wisconsin couples may be under the assumption that a prenuptial agreement is ironclad, but a federal court decision proves that is not always the case. On June 8, the U.S. Court of Appeals for the 9th Circuit ruled that a wealthy real estate agent must pay alimony to his Turkish ex-wife because he is her immigration sponsor.
The real estate agent, a naturalized U.S. citizen from Turkey, married a Turkish woman in 2009. Per the couple’s marriage contract, he agreed to provide enough financial support to keep her income at least 125 percent above the federal poverty line. However, the couple separated in 2011 and officially divorced in 2012. A prenuptial agreement stipulated that each party forgo alimony if they divorced. The ex-wife moved into an apartment with her adult son and received food stamps from California. Shortly after the divorce was finalized, she sued her ex-husband for the income promised on the I-864 Affidavit of Support they both signed when she came to the U.S.
The real estate agent, who is said to be worth $5 million, argued that he was already financially supporting his ex-wife and the prenuptial agreement foreclosed alimony. He further claimed that food stamps and a Turkish pension kept her above the poverty line. A district court ruled that he had an obligation to support his ex under the terms of I-864, but he did not have to pay her because her son’s support kept her above the poverty line. However, the 9th Circuit ruled that the affidavit of support is a contract and must be upheld regardless of the provisions of the prenuptial agreement.
Divorce cases can be complex, and prenuptial agreements that were entered into with the intent of simplifying them can be overturned for a variety of other reasons. Attorneys will advise their clients who are considering one that the terms should be negotiated and the document signed well in advance of the wedding in order to preclude a future claim of coercion or duress.
Source: Courthouse News Service, “Immigrant Ex Gets Alimony Despite Prenup,” Nick Rummell, June 8, 2016
