Is a marriage to an illegal immigrant still valid?

Looking to get a divorce after 10 years of marriage to an illegal immigrant. She does not work, or have any way of supporting herself. So I’m looking to find out if marriages where one party entered the country illegally still considered valid? And if so, then how does the court determine alimony (cost of living) for a person illegally (with no ssn and no ITSN) within the states and has already been asked to deport?

Asked on July 16, 2012 under Family Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the marriage of an American citizen to an illegal alien is valid whether or not the marriage occurred in this country or some other country.

The issue of alimony is based upon county guidelines established as to income of both spouses for the award if any of spousal support. If your spouse is deported and you divorce her, most likely you will not have to pay spousal support.

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