If a divorce is in your future, you can benefit by knowing how addiction, either yours or your spouse’s can affect the outcome. We estimate that 120 million Americans alone are directly impacted by a Substance or Alcohol Use Disorder, as addiction is now called. Studies estimate nearly 21 million Americans have at least 1 addiction, yet only 10% actively receive treatment. While some people believe addictions are purely a personal struggle, addiction often permeates into various facets of life, including careers, communities and family units.
Substance and Alcohol Use Disorders also negatively impact family relationships and divorce cases in court. Learn more about your legal options and what you can do to protect yourself in divorce proceedings.
One of the most significant ways that addiction can affect your divorce case is through child custody arrangements. If you have a history of addiction, your spouse may argue that you are not fit to have custody of your children. Even if you have transitioned to a sober lifestyle, your spouse may still attempt to leverage your addiction against you in court to gain a more favorable outcome for child custody.
Typically speaking, courts will want a child to have contact with both parents. “Unless there is a reason to remove custody from one parent – such as a history of child abuse, domestic violence, drug addiction or child abandonment – the courts believe it is best for a child to remain in continuing contact with both parents after a dissolution of marriage,” note child custody attorneys at Ciancio Ciancio Brown, PC. Ultimately, the family law court will make decisions based on the best interest of the child.
It is essential to be honest about your addiction history in divorce proceedings. Your divorce lawyer can work with you to come up with a plan to show the court that you are now in recovery and capable of being a responsible parent and meeting all parental responsibilities. Evidence can include submitting to drug tests, attending support groups and providing character references.
Property Division
Another way addiction can affect your divorce case is through property division. If your addiction has led to financial problems or debt, your spouse may try to argue that you should not be entitled to a fair share of the marital assets. Additionally, if you have spent significant amounts of money on drugs or alcohol, your spouse may try to use this against you in court.
Again, it is important to be honest with your lawyer about any financial problems that have resulted from your addiction. Your lawyer can help you come up with a plan to show the court that you are now managing your finances responsibly and are entitled to a fair share of the marital assets.
Addiction can also affect spousal support or alimony payments. If your addiction has led to job loss or other financial problems, including debt, your spouse may argue that you should not receive spousal support or that your support payments should be limited. Additionally, if you have a history of relapse, your spouse may argue that you cannot be trusted to use spousal support payments responsibly.
It is important to be straightforward with your lawyer about any financial problems or job loss that have resulted from your addiction. Your lawyer can help you come up with a plan to show the court that you are now managing your finances responsibly and are entitled to spousal support payments that are fair and reasonable.
Finding an attorney specializing in family law and divorce, particularly California divorce lawyers, can be invaluable when navigating the complexities of addiction and its implications on spousal support or alimony. They can strategize approaches to address concerns about job loss, financial instability, or relapse history, maximizing your chances of securing fair and reasonable spousal support arrangements.
Addiction can have a significant impact on divorce cases, particularly when it comes to child custody arrangements, property division and spousal support payments. However, with the help of a skilled lawyer and a commitment to recovery, you can protect your rights and interests in your divorce case.
Being honest with your lawyer about your addiction history can help you work together to come up with a plan that shows the court that you are now in recovery and capable of being a responsible parent and spouse. With an honest and comprehensive approach, you can move forward from your addiction and build a brighter future for yourself and your family.
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