How Substance Abuse Can Affect Divorce Proceedings

 Posted on February 21, 2019 in Divorce

Substance abuse is one of the most common reasons why couples decide to divorce. With over 20 million Americans over the age of 12 suffering from addiction, substance abuse has become an epidemic throughout America. Individuals who suffer from drug and alcohol addiction can end up hurting their spouses and children mentally, physically, and emotionally. Many spouses will attempt to seek help for their addicted partner. While rehabilitation does work for some, many continue to have issues in the long-run. Continue reading to see how substance abuse can affect divorce if your spouse struggles with addiction.

Areas of Divorce Affected By Addiction

• Child Custody: This is one of the primary areas in which addiction can have extreme ramifications. High intakes of drugs and/or alcohol can greatly impair one’s mental state, making it nearly impossible for a parent to fully care for their child. If one parent has struggled with substance abuse, the other parent is almost guaranteed full custody. One of the only ways in which the judge can be swayed is if said parent is actively participating in rehabilitation and is showing serious improvement.
• Marital Assets: Judges attempt to divide marital assets as evenly as possible, though it may not always appear as such. Marital asset division is not necessarily dependent on each spouse’s everyday behavior, but rather their financial tendencies. If one spouse has spent a significant amount of the couple’s savings to feed their addiction, it is not uncommon for a judge to allocate more assets to the other spouse to make up for the finances that have been lost.
• Negotiation of Settlements: Often times the spouse who struggles with addiction will not put up much of a fight throughout the negotiation of settlements. Judges take drug and alcohol addiction seriously when making divorce decisions and public knowledge of substance abuse can damage an individual’s reputation and career and potentially result in criminal charges depending on the severity of the situation.

Contact a St. Charles, IL Divorce Attorney for Help

If you are in the process of parting ways with your addicted spouse, it is important to have an attorney who will fight to win custody and a fair division of assets throughout the divorce proceedings. At Shaw Sanders, P.C. we understand that divorce from a spouse with a drug or alcohol addiction can be an emotional and difficult time for everyone involved which is why we work with your best interests at heart. Contact a seasoned Kane County divorce attorney for help winning the battle for the safety of yourself and your children.

Sources:

https://beginningstreatment.com/substance-abuse-and-divorce/

https://www.addictioncenter.com/addiction/addiction-statistics/