What rights do I have to alimony in a divorce?

Q: What happens when an American marries a Canadian?

When an American marries a Canadian, they may apply for a spousal visa to live in Canada. The American spouse can also apply for permanent residency. However, they must provide proof of their relationship and meet other immigration requirements set by the Canadian government.

Q: What is the new update on spouse open work permit in Canada?

Recent updates to the spouse open work permit in Canada allow spouses of skilled workers or international students to work in Canada without needing a job offer. This change aims to support families during the immigration process. Always check the IRCC website for the latest details and eligibility criteria.

Q: Does marrying a Canadian make you a permanent resident?

Marrying a Canadian does not automatically grant permanent residency. The foreign spouse must apply for permanent residency through the spousal sponsorship program, which involves meeting specific requirements and providing evidence of the genuine nature of the marriage.

Q: Who is eligible for a spousal visa in Canada?

To be eligible for a spousal visa in Canada, applicants must be legally married to a Canadian citizen or permanent resident. They must also prove that their relationship is genuine and not entered into for immigration purposes. Additional requirements may apply, including financial support from the Canadian spouse.

Full question:

I am married to a canadian and we have property involved, no kids. We got married in October of last year on the 25th. He has his own business in Canada and I have been unable to work due to the not being a citizen. I am a nurse by trade. What rights do I have to collect alimony? Can I force him into paying my attorney's fees if I file for the divorce?

Category: Divorce
Date: 04/07/2025
State: Florida

Answer:

In a divorce, property distribution includes real estate, personal property, cash savings, and retirement benefits. The laws governing property division vary by state, with most following either equitable distribution or community property principles. In Florida, for example, equitable distribution means the court divides assets fairly, though not necessarily equally.

Marital property typically includes all assets acquired during the marriage, while separate property includes assets owned before marriage or received as gifts or inheritances. If separate property is used for the benefit of both spouses, it may be considered marital property.

When determining alimony, the court considers various factors, including each spouse's contributions to the marriage, economic circumstances, and the marriage's duration. In Florida, the court may also award attorney's fees based on the financial situation of each spouse (Fla. Stat. § 61.16).

In your case, since you have been unable to work and have property involved, you may have a claim for alimony. Additionally, if you file for divorce, you can request the court to order your spouse to pay your attorney's fees, depending on your financial circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the new rule of spouse visa in Canada?

As of now, there are no specific new rules for spouse visas in Canada. However, applicants must meet certain requirements, such as proving the genuineness of their relationship and meeting financial criteria. It's important to check the official Immigration, Refugees and Citizenship Canada (IRCC) website for any updates or changes in the application process.