Does Illegal Alien Facing Deportation Still Have Rights to Divorce Award?

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“Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Your status as an alien will not destroy your right to an equal share of the assets acquired during your marriage.  So, if the pension was acquired during the marriage, depending on your jurisdiction, you should be entitled to a share of that pension.  If you do not currently have an attorney, you should contact an attorney who specializes in immigration *and* family law, so that your interests are protected on all fronts.



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Author: House Attorney

A house attorney has answered this question.