Partner
Dealing with a spouse’s substance abuse places a huge strain on a marriage. Whether it becomes the primary reason for a divorce or simply acts as a compounding factor, it’s important to understand how substance abuse can impact your divorce outcome.
Hiring a divorce lawyer is always the smartest way to navigate the process. And in cases where substance abuse is involved, it becomes particularly essential to retain skilled legal assistance.
How Substance Use Impacts Divorce
Many states, including New York, aim to split marital assets equitably and identify a child custody arrangement that allows children to spend time with both parents. However, substance abuse takes a serious toll on both of these aspects.
When one spouse has a proven history of substance abuse, the other can come out ahead in the divorce in a few different ways:
Asset Division
One of the biggest ways in which a proven history of substance use can impact the outcome of a marital settlement agreement involves asset division. You can provide bank statements and other documents that show how much money your spouse has spent on legal fees and other expenses related to the substance abuse, including what they’ve paid for the substances themselves.
If substance abuse has left your spouse unable to hold a job or if it has had other negative effects on your marital finances, that is a factor that will also be considered by the court. When it’s time to divide up your marital assets, the court can split your assets in a way that reimburses you for the financial impact your spouse’s substance use has had on your shared finances.
Child Custody
Proven and ongoing substance abuse is one of the most compelling reasons to award custody to one parent over the other. However, that determination can depend on case-specific factors, such as the level of dependence, frequency of use, and the type of substances used. Providing the court with compelling proof of your spouse’s current substance abuse will greatly increase your chances of gaining full custody of your children.
Protecting Yourself in a Divorce Involving Substance Use
Serious substance abuse can put your financial and family safety at risk. Unfortunately, simply knowing that your spouse is abusing substances isn’t enough for a fair divorce outcome, which makes it vital to contact an experienced divorce lawyer from the start.
Their first order of business will be to help you gather solid evidence that proves your spouse has a history of abusing substances. Examples of such evidence might include any of the following:
- Police reports
- Arrest records
- Substance use treatment records
- Drug testing results
- Bank account statements
- Text messages
- Social media posts
Your divorce lawyer will need to clearly establish that your spouse’s substance abuse is an issue, presenting a strong argument demonstrating exactly how it has drained your marital assets over the years. Additionally, your lawyer will need to show a clear link between your spouse’s actions and how they put your children at risk.
Contact Our Divorce Lawyers in Garden City, NY
If you’re considering a divorce in Garden City, New York, and your spouse is struggling with substance abuse, you need all the legal protection you can get. The skilled divorce attorneys at Aiello & DiFalco can review your case and help create a strategy for protecting your finances and your children.
You should never assume that a divorce will go your way simply because your spouse struggles with substance abuse. Instead, you need a skilled lawyer to help identify an ideal outcome and build a convincing case for the court. Contact Aiello & DiFalco today to schedule a consultation with one of our experienced Garden City, NY, divorce attorneys.