Not only is drug and alcohol abuse bad for a person’s health, wellbeing and relationships, it is also highly likely to negatively affect divorce proceedings. If your spouse is battling an addiction, or you are worried about his or her drug and alcohol use, you need to protect yourself with legal counsel from qualified San Diego divorce lawyers at Cage & Miles, LLP. We can help you to make sure that your spouse’s decisions do not jeopardize asset division, child custody and child support for you. You should not have to pay for your spouse’s mistakes. Let us help you leave behind the mess and work towards a better future for you and your children.
How Substance Abuse Affects Divorce Proceedings
There are several ways that substance abuse can affect divorce agreements and the rights of the person battling with drugs or alcohol. The court system takes drug and alcohol abuse very seriously and the repercussions may be strict for a spouse who is suffering with addiction. Substance abuse can affect rights to custody, your spouse’s job or even result in criminal convictions. With this in mind, the sober spouse will typically have the upper hand during negotiations.
The ways that substance abuse affects divorce negotiations include:
Alimony: If your spouse spent large amounts of marital assets on drugs or alcohol, you may be awarded alimony to make up for it after divorce.
Assets: Like alimony, if your spouse spent a substantial amount of money of his or her habit during the marriage, you may be awarded more of the marital assets as a type of reimbursement for liquid assets.
Child Custody: Your children are the most important piece of the puzzle in the eyes of the court and the judge will want them to be in the safest, healthiest environment possible after divorce. This man mean that the sober spouse will receive primary custody until the other spouse is able to prove recovery and sobriety.
Drug Testing: If you are preparing for divorce and are bringing your spouse’s substance abuse into the negotiations discussion, be prepared to also account for your own drug or alcohol use. If you are requesting drug testing for your ex, you may have to, as well.
Call for a Free Consultation: (858) 943-2060
If you are facing divorce and you are worried about your spouse’s use of drugs or alcohol, our team can help. We understand that divorce is often complicated, and substance abuse can make it even harder. Let us help you navigate the legal process of divorce and protect your children and assets in the even that an addiction threatens them. You don’t have to fight alone; our experienced team of San Diego divorce attorneys can see you through.