No. In California, a prenuptial or postnuptial agreement generally cannot terminate or override a sponsor’s federal support obligation under Form I‑864.
The key distinctions are:
- A marital agreement may waive California spousal support.
- I‑864 support is a separate federal contractual obligation, not ordinary alimony.
- The Ninth Circuit expressly held that neither a premarital agreement nor a divorce judgment waiving support terminates the I‑864 obligation. Erler v. Erler, 824 F.3d 1173 (9th Cir. 2016)
- California courts likewise recognize that the sponsored immigrant may enforce the I‑864 obligation in the California dissolution proceeding and has no duty to seek employment to mitigate the sponsor’s liability. In re Marriage of Kumar, 13 Cal. App. 5th 1072 (2017)
A postnuptial agreement presents a slightly different timing issue, but it still should not be relied upon to waive future I‑864 support. The sponsor cannot privately add a new terminating event to the exclusive federal list, and the agreement cannot eliminate the enforcement rights of the federal, state, or local agencies that provide means-tested benefits.
The I‑864 obligation ordinarily continues until the sponsored immigrant:
- becomes a U.S. citizen;
- receives credit for 40 qualifying Social Security quarters;
- loses permanent-resident status and departs the United States;
- obtains a new adjustment of status in removal proceedings based on a new affidavit, where required; or
- dies.
Divorce, separation, remarriage of the sponsor, or a contractual waiver of alimony is not a terminating event.
A carefully drafted postnuptial or divorce settlement may nevertheless:
- settle or release already-accrued I‑864 claims for stated consideration;
- establish how particular payments or property transfers will be credited toward the sponsor’s obligation; or
- settle a pending enforcement lawsuit.
But even such a settlement should not purport to extinguish all future I‑864 rights indefinitely, and it cannot waive government reimbursement claims. The safest drafting approach is to state expressly that the waiver of California spousal support does not waive federal I‑864 rights, while separately documenting any settlement, credit, or satisfaction of accrued obligations.
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