How do assets get divided in a divorce settlement if one party is not a legalUS citizen?

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How do assets get divided in a divorce settlement if one party is not a legalUS citizen?

Is my husband entitled to 1/2 my assets if he has not gotten his permanent residency status yet? If he is granted permanent status, can he take 1/2 of my assets?

Asked on July 14, 2010 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are getting divorced in the State of New Jersey as residents thereof (and he can have temporary resident status under the immigration law) then your assets will be divided pursuant to New Jersey law, which is known as Equitable Distribution. "Equitable" does not necessarily mean "equal" so the 50/50 split you are referring to may not apply. The court looks at your property and first divides it in to "marital" and "separate."  Separate property that has remained separate during the marriage is yours and not subject to distribution.  "Marital" assets - as well as marital debts - are divided equitably by various factors.  It is best to obtain legal counsel with all this.  Good luck.   


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