Can an illegal alien be entitled to half of her 401k and all her assets in a divorce? How? 5 Answers as of August 25, 2015

My friend is married to a resident but not a "citizen." Can he still be entitled to half of her 401k and all her assets in a divorce?

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Law Office of Robert E McCall | Robert McCall
Generally citizenship is not a factor in a divorce in Florida.
Answer Applies to: Florida
Replied: 8/20/2015
John W. Lee, PC
John W. Lee, PC | Kim A. Lewis
Yes he may still be entitled to one half of the marital assets.
Answer Applies to: Virginia
Replied: 8/19/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Immigration status has no impact upon one's rights to community property.
Answer Applies to: California
Replied: 8/19/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would need more and much more detailed information but generally divorce courts do not worry about the immigration status of the parties. This is really a question for your friend's divorce attorney. If your friend is married to a legal resident alien he will be entitled to inequitable division of the property regardless of his citizenship status. Your friend needs an attorney.
Answer Applies to: Michigan
Replied: 8/19/2015
John Russo | John Russo
That would be a yes.
Answer Applies to: Rhode Island
Replied: 8/25/2015
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