No. Divorce does not automatically terminate the financial obligations created by Form I-864, Affidavit of Support. The sponsor’s immigration support contract can continue after the marriage ends, even when the former spouses no longer live together.
Derek Poulsen, a managing lawyer at Wilner & O’Reilly, identifies this as an issue that can surprise families during divorce. Signing the immigration paperwork creates obligations that should be considered alongside the family-law case, rather than treated as paperwork that disappears with the divorce decree.
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Form I-864: The Contract You Can’t Escape (Even After Divorce)
What Does the I-864 Contract Require?
Form I-864 is a legally enforceable agreement tied to the sponsored person becoming a lawful permanent resident through the affidavit. It generally requires support at a level tied to 125% of the federal poverty guidelines. A limited 100% standard applies to a qualifying active-duty military petitioning sponsor sponsoring a spouse or child. A case-specific support calculation is different from simply assuming that the sponsor must pay a fixed amount every month.
The USCIS Affidavit of Support guidance explains the responsibilities of petitioning sponsors, joint sponsors, and certain household members. Signing as a joint sponsor is a significant legal commitment; it should not be understood as an informal favor with no continuing consequences.
When Can the Obligation End?
Under Form I-864 and the applicable rules, the sponsor’s future support obligation to the sponsored person can end upon a qualifying event, including:
- The sponsored person becomes a U.S. citizen.
- The sponsored person works, or can be credited with, 40 qualifying Social Security quarters, subject to the applicable rules.
- The sponsored person loses lawful permanent resident status and departs the United States.
- The sponsored person obtains a new grant of adjustment in removal proceedings based on a new affidavit of support, if required.
- The sponsored person dies.
The sponsor’s death also ends the sponsor’s future obligation. Amounts already owed can require separate analysis, including potential claims against an estate. Likewise, a terminating event should not be assumed to erase previously accrued obligations.
Divorce is not on this list. Nor is the mere passage of ten calendar years. Forty qualifying quarters require an actual review of the relevant work-credit rules and records.
How Does This Relate to Alimony or a Divorce Agreement?
An I-864 obligation arises under immigration law and can be distinct from state-law spousal support. Do not assume that a divorce settlement, a waiver of alimony, or an order ending ordinary spousal support also resolves the federal affidavit issue. Counsel should review the signed affidavit, immigration history, beneficiary’s income, support already provided, and the wording of any settlement or court order.
A sponsored person may seek enforcement, and an agency may seek reimbursement for covered means-tested public benefits. The affidavit also addresses collection costs and attorney’s fees. Those potential claims make early coordination between immigration and family-law counsel important.
Before You Sign or Settle
- Obtain the exact affidavit and any household-member contract that was signed.
- Confirm when the beneficiary became a permanent resident and whether a terminating event occurred.
- Preserve income and support records.
- Have counsel review an I-864 issue before assuming a divorce settlement ends it.
Frequently Asked Questions
Does my ex-spouse’s remarriage automatically end my I-864 responsibility?
Remarriage is not itself a listed termination event. Income and the facts of any support claim require individual review.
Does ten years after sponsorship automatically end the contract?
No. Forty qualifying quarters is a work-credit standard, not simply ten years on a calendar.
Can a joint sponsor remain responsible after a divorce?
Yes. Divorce does not automatically release a joint sponsor from the affidavit obligations.
Have questions about your immigration case?
Wilner & O’Reilly can review your documents, identify the rules that apply to your circumstances, and help you plan your next steps. Contact our immigration team to discuss your case.
This article provides general information, not individualized legal advice. Immigration rules and litigation can change. Sources reviewed October 14, 2026.
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