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While being married to someone who struggles with addiction can be difficult, divorcing an addict can also come with a number of challenges. Notably, substance abuse can be a major contributing factor to the breakdown in a marital relationship. Statistics show that addiction accounts for 7% of divorces — it is the third most common reason women seek divorce and the eighth most common reason for men. Not only can a spouse’s addiction take an emotional toll on the other spouse, but it can also result in conflict, detachment, trust issues, and physical abuse.
In addition to the emotional impact that can come with divorcing an addict, divorce cases that deal with substance abuse may also involve financial issues. A spouse who suffers from addiction may go to great lengths to obtain their substance of choice — and they may also incur a substantial amount of debt in doing so. It’s also common for a spouse with an addiction to sell possessions to obtain more money to fund the addiction. And an addict’s ability to hold down employment long-term without treatment means financial instability.
Substance abuse can significantly influence how marital property is divided in divorce. While Minnesota follows the doctrine of equitable distribution, a judge could base the award on what they deem to be fair under the circumstances. If a spouse has depleted marital funds or misused marital property to fuel an alcohol or drug addiction, this could be taken into consideration when determining property division. In these cases, the share of marital property awarded to the spouse with an addiction might be reduced.
The issue of spousal support can be impacted in several ways when divorcing an addict. If a spouse was financially affected by the other’s substance abuse, the court may consider these facts when determining a spousal support award. Depending on the circumstances, substance abuse may result in either a reduction in support for the addicted spouse, or an increase.
For instance, if the substance abuse impacted a spouse’s ability to work or sustain employment, a support award may be adjusted accordingly. In cases where the non-addict spouse has been negatively impacted by the other’s substance abuse and struggles to maintain their standard of living, they may be awarded spousal support to help them make ends meet. However, if the spouse with an addiction is seeking treatment for the substance abuse problem, the non-addict spouse may be ordered to pay support during the period of rehabilitation. The Court has significant discretion in how they handle the issue.
Although courts prefer that children retain contact with both parents and build a meaningful relationship with each of them, judges consider the child’s best interests first and foremost. In the event a parent’s substance abuse threatens the welfare or safety of the child, the other parent may be awarded sole custody. Depending on the extent of the spouse’s addiction, the court may order supervised visitation — or deny visitation entirely.
Denying parental rights is a serious matter, and typically only used as a last resort when there is no other way of protecting the child. There is a high burden of proof that must be met to deny parenting time. Courts require compelling evidence that it is necessary to protect the child’s physical, mental, or emotional health. Although substance abuse itself is not always grounds for limiting parenting time, it can be a substantial factor.
Addiction is a disease, not a moral failing. When there is a relationship with someone who has a substance abuse problem, there are often two people with unhealthy behaviors. Co-dependency involves both people. The collaborative divorce process can work to address some of the underlying issues that impact the matters that must be decided in divorce, such as child custody, property division, and spousal support. A mental health professional can play an essential role on the collaborative team by providing support and helping the couple navigate the challenges of addiction.
The collaborative process can be a highly effective alternative dispute resolution method to achieve positive results — but it is not always a guarantee when divorcing an addict. Whether the collaborative process should be used is best assessed on a case-by-case basis. If there is a high degree of conflict, a history of abuse, or either party is unwilling to compromise, litigation may be the appropriate option. A question to consider is whether the addict has the capacity to engage in a process that requires their participation and ability to make reasoned decisions. Having a mental health professional on the team might be a requirement of the attorneys to do the Collaborative process.
If you are divorcing an addict, it’s essential to have a knowledgeable and compassionate divorce attorney who can guide you through the legal process. At The Law Shop Minnesota, attorneys Louise Livesay and Peter Ladwein are dedicated to helping families across Minnesota resolve their divorce and family law matters with respect, clarity, and compassion. They can provide referrals to experienced family specialists and mental health professionals as well and help assess whether your matter is appropriate for Collaborative or not.
Louise Livesay has over twenty years of experience guiding families in the Twin Cities and greater Minnesota through peaceful, out-of-court resolutions. Whether you’re exploring collaborative divorce, mediation, or unbundled legal services, we can provide you with a variety of flexible, client-centered options.
Peter Ladwein is passionate about protecting families and their legacies. With firsthand experience with a special needs family member, Peter brings a deeply personal understanding to his legal practice. Peter is licensed to serve clients across Minnesota and Illinois.
To schedule a consultation—either in person or via Zoom, anywhere in Minnesota—please contact us online or call (651) 344-6100.
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