Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can an illegal alien be awarded part of his wife’s pension in a divorce, even though he is facing deportation?”
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.
