Substance Abuse and Divorce—What Your Spouse’s Problem Means for You

While every divorce is unique, there are some common factors that come up again and again. Substance abuse is a serious problem in a growing number of marriages, and in many cases, this issue leads to divorce. If your spouse struggles with substance abuse, whether it’s alcohol, illegal drugs, or prescription medications, you aren’t alone—and you don’t have to live like this. With a divorce attorney, you can figure out how to break free.

The team at the Law Office of Taylor B. Warner, APLC knows how complex marriage and divorce can be. But while your spouse’s decisions may be ruining their own life, you do not have to let those decisions ruin yours. For almost 15 years, founder Taylor B. Warner has primarily worked in family law, helping individuals like you navigate their next steps. Call our family law firm in California at 909-466-5575 to set up a consultation.

How Substance Abuse Affects California Divorce Proceedings

California is a no-fault divorce state, which means that you do not have to prove that your spouse wronged you in any way for the court to grant a divorce. Even though you don’t have to prove substance abuse to get a divorce, this issue can still impact how your divorce moves forward.

Judges are likely to consider issues like substance abuse when making decisions regarding child custody and visitation, spousal support, division of property, and even supervised visitation.

None of this is done in an effort to punish your spouse; it’s how the court ensures that both parties are treated fairly in the divorce and that any children involved are safe with both parents.

Child Custody and Substance Abuse

This is perhaps the biggest way substance abuse can influence a divorce. Even if a parent doesn’t have a history of getting drunk or high in front of their child, the judge is likely to be wary of giving them significant custody or visitation if their addiction is documented. A parent who remains sober in front of their child can still be an unsafe figure for them; they may be unable to maintain their home, remember to feed or otherwise care for the child, or slip up one day and be so impaired in front of the child that they pass out.

In these situations, a divorce lawyer may request and a judge may order:

• Supervised visitation, particularly if the parent has been impaired in front of the child in the past
• Mandatory drug or alcohol testing; may include surprise testing at the request of the sober parent
• Primary or full parenting time to the sober parent

It’s not uncommon for the sober parent to feel conflicted about seeking these options, but it’s important to remember that you’re not claiming your co-parent isn’t a loving parent. You are simply keeping your child safe until their other parent has treated their illness and can step into a more prominent role in their life.

Property Division: Does Substance Abuse Play a Role?

California is a community property state, so marital property is generally split 50/50. However, when one spouse intentionally wastes marital funds—in this case, on drugs or alcohol—the court may award a greater share to the other party. One spouse recklessly spending marital funds is considered wasteful dissipation of marital assets, and your divorce law firm can help you prove your spouse’s use of your shared money.

How to Document

If you are talking to a divorce lawyer because of your spouse’s substance abuse or your spouse’s substance abuse problems begin during your divorce, it is crucial that you document everything. The court can take steps to protect your children and your financial security, but only if you can demonstrate that your claims are true. Useful forms of evidence include:

• Texts, emails, or call logs showing erratic or intoxicated behavior (such as constant calls in the middle of the night)
• Missed visitation logs
• Police reports or CPS reports regarding the safety of the other parent’s home
• Rehab enrollment and discharge documents
• Financial records showing large withdrawals or excessive spending at bars, liquor stores, and similar places

The more evidence you have, the easier it is for your divorce attorney to build a case that protects you and your children.

Let’s Talk More About Your Options

When you’re ready to take the next step, our divorce law firm is here to support you. Call us at 909-466-5575 or contact us online to set up a consultation.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.