Helping Children Through Divorce

Divorcing a Partner Due to Substance Abuse: Issues to Consider

12 February 2018

Roberto Sutton

Getting divorced is tricky at the best of times, but things are even more complicated when one partner is dealing with a substance abuse issue.

You might wonder how your partner's problem will affect issues like child custody, division of assets and more, and finding answers can be hard. Getting informed before divorce proceedings begin will help you to make the right decisions and achieve the best possible outcome.

Keep reading for an explanation of the key issues that tend to arise when divorcing a partner due to substance abuse.

Division of Assets

When divorcing your partner, coming to an agreement around division of assets is usually the simplest course of action. However, when one partner has an issue with drugs or alcohol, it may be hard to reach an agreement, meaning that you'll likely have to take the issue to court.

In cases where one partner spent a lot of the couples' money - for example, as part of their addiction - the other spouse may receive a greater share of the joint property. Having an idea of how you'd like your assets to be decided before you reach court is a smart move, and something you should discuss thoroughly with your family lawyer.

Child Custody

Substance abuse issues are really important when it comes to child custody agreements, and the court should help you to reach an agreement that keeps your children safe.

This could mean setting strict limits on visitation, requiring your spouse to enter a drug program before they can have access to the children, or awarding full custody to the parent who isn't abusing substances.

Every case will be different, so it's important to prepare for an outcome you're not expecting. In cases where one spouse has caused harm to children as a result of substance abuse in the past, it's highly likely that they will lose custody.

Spousal Maintenance

Spousal maintenance orders can come into play when one partner has damaged the couples' finances to fund their substance abuse. They may be ordered to pay spousal maintenance to make up for this damage or assist in the payment of debts.

In very rare cases, the spouse not suffering from substance abuse may be ordered to pay maintenance to the spouse with an addiction - often to pay for treatment. It's important to be aware of this from the start and ask your lawyer to talk you through potential outcomes.

Navigating a divorce is tricky when substance abuse is involved. Considering the points above will help you to get the best possible outcome.

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