Q: Protocol for benefits during divorce for immigrant spouse in Utah with green card.

A: If your husband signed the I-864 Affidavit of Support, you may have the right to enforce that obligation against him if you are currently unemployed. There is no requirement that you must seek employment in order to pursue the financial support guaranteed under that affidavit. You may wish to consult with a divorce attorney to understand your rights and legal options based on your specific circumstances.

A: You must file a petition for divorce in your county district court and contemporaneously request temporary orders. You should include a motion for spousal maintenance under Utah Code §30-3-5, asking the court to require your spouse to provide financial support pending final decree. You can also seek an award of attorney fees and reasonable living expenses as part of that motion.

You can ask the court to order your spouse to maintain your existing health insurance coverage or reimburse your premiums. If you lose coverage upon separation, you have sixty days to elect continuation coverage under COBRA through your spouse’s group plan.

You remain entitled to any insurance or benefit plan obligations set forth in your prenuptial agreement unless the court modifies its terms for good cause. You may petition for interim relief to preserve retirement assets and request an equalization of expenses for joint accounts. You will attend a hearing on your temporary relief motion shortly after filing, where the judge will set interim support, insurance, and benefit orders.