Unfortunately, millions of Americans are addicted to drugs and alcohol. People who struggle with addiction often cause problems in their families which can lead to divorcing. From the impact on child custody, to property division, to shared real estate, you should be aware of how an addicted spouse affects divorce. Here we’ll explain how substance abuse can impact your divorce strategy.
Filing for divorce on the basis of an addicted spouse
Every state in the US allows spouses to file for divorce on no-fault grounds. This means that you and your spouse have just decided that being married is no longer the right decision for you. You don’t have to prove your spouse’s wrongdoing caused the divorce, and vice versa.
However, most states allow you to file for divorce on fault grounds. This includes adultery, cruelty, and drug or alcohol abuse. Even in states that you cannot file for a divorce with fault, like California or Florida, evidence of substance abuse can be presented during the case. When your spouse is addicted, you usually have the upper hand in negotiations, and can often negotiate a favorable settlement without ever having to go to court. Particularly in instances where children are involved.
How an addicted spouse can affect custody rulings
Child custody is one area in which substance abuse plays a significant role. Moderate drinking will not affect a custody decision. However, courts will consider any substance abuse issues that impact parenting ability. A parent who has a substance abuse problem will be less likely to win custody of their child.
The courts have many options to protect children from or during visitation from substance abuse by parents. A judge might order no overnight visits. A professional could be required to supervise all visitation periods. Addiction treatment is often required by courts. They may require parents to submit to regular drug and alcohol screenings, or attend Narcotics/Alcoholics Anonymous meetings. Parents are required to abstain from using alcohol or controlled substances prior and during visitation.
A court might award full custody to the sober parent in extreme cases. The addicted parent would have no visitation rights. A judge can terminate the custodial rights of an addicted parent if they cause serious harm to a child as a result of substance abuse.
An addicted spouse and property division
While courts in many states will not consider fault in dividing marital property, everything a couple has accumulated together since marriage, some states may consider the behavior of a spouse during marriage to be relevant to the division. These states will allow the judge to consider the spouse’s substance abuse in deciding the amount of joint property each spouse should get.
If the spouse has been addicted to drugs or alcohol, a court might decide to give the sober spouse a greater share of the marital property. A court might award the sober spouse a greater share of the assets if the parent who is addicted spent large amounts of marital savings on drugs or alcohol.
The impact on alimony of an addicted spouse
In the same way substance abuse can affect property division, addiction will most likely affect alimony when the spouse is addicted and has caused financial hardship. A judge in most states can award additional alimony to the spouse of an addict if the couple has suffered financial losses as a result of the addiction.
A sober spouse may be required to pay alimony to an addict spouse in some cases. If a spouse’s drug addiction has led to a mental illness requiring institutionalization, the sober spouse could be required to cover the costs of treatment not covered by disability benefits.
An addicted spouse and settlement negotiations
A spouse with a history of substance abuse problems will often be at risk in many aspects of the divorce process. Addiction issues are taken seriously by the courts. A spouse with a history of substance abuse can face severe consequences in a divorce case, especially when it comes down to child custody.
Public accusations of an addiction problem could damage the spouse’s career, reputation, and even lead to criminal charges. The sober spouse is more likely to negotiate a fair settlement than the public and can often avoid the need to go to court. To help you in your divorce process if you have a spouse who has substance abuse issues, it is a good idea to contact a family law attorney.