Every year, substance abuse and addiction issues affect millions of Americans, their families, and their marriages, and can be a frequent cause of divorce. This article will explain how a substance abuse issue may either reduce or increase an alimony award, depending on the circumstances. If you have additional questions about how you or your spouse’s substance abuse issues may affect alimony, contact a local family law attorney for advice.
Factors for Determining Alimony
Courts don’t order alimony in every case, and there’s no exact formula for determining whether alimony is appropriate. Still, judges will typically consider awarding alimony in cases where the couple has been married for a significant length of time and one spouse has been financially dependent on the other spouse during the marriage. Each state has different guidelines for how judges should determine alimony, but in general, courts may consider the following circumstances:
- the length of the marriage
- the paying spouse’s ability to pay alimony
- each spouse’s conduct during the marriage, including any misconduct, such as adultery or domestic violence
- whether either spouse is at fault in the divorce
- the spouses’ ages, health, and ability to work
- the spouses’ financial needs
- the couple’s standard of living during the marriage
- the amount of property awarded to each spouse in the divorce
- whether either spouse must financially support other people, and
- any other circumstance the court believes is relevant to the alimony award.
In some states, like Nevada, courts don’t review the spouses’ conduct during the marriage when determining alimony, but it plays an important role in the judge’s decision in other states, including California, where judges can consider a history of domestic violence when setting an alimony award.
Alimony may be in lump-sum form, or it may be periodic, with one spouse paying the other spouse predetermined monthly amounts until a certain date or until a certain event occurs. Courts may also order alimony in the form of a transfer of property or assets.
Substance Abuse Considerations in Alimony Awards
Judges understand that there’s a risk in awarding alimony to a spouse with substance abuse issues. For example, a spouse who has been purchasing drugs during the marriage may use alimony payments to buy more drugs. A court may refuse to award alimony to a financially dependent spouse with addiction problems to avoid enabling that spouse’s substance abuse issues. In some cases where an addicted spouse is otherwise eligible to receive alimony, the court may order alimony in the form of direct payment of rent or other expenses to prevent the addicted spouse from receiving cash that could be used to further the addiction.
A court can make alimony payments dependent upon successful completion of certain steps to encourage sobriety. For example, a judge may order that the addict pass random drug or alcohol testing prior to alimony commencing. Other courts may order the spouse to enroll in drug counseling, NA/AA programs, or seek other treatment. In serious cases, the court may require a spouse to check in to a rehabilitation facility prior to receiving alimony.
If you believe your spouse requires drug testing or treatment, you should be aware that the judge will want to see some proof of the addiction issues. Potential evidence of your spouse’s substance may include:
- your spouse's arrest records for something related to substance abuse—DUI, public intoxication, or possession of a controlled substance
- photos or videos that show your spouse under the influence, or
- pictures of the controlled substances, you’ll want to prepare those for the court.
Witnesses to your spouse’s addiction problems may also help establish the need for treatment.
Proving that your spouse has a substance abuse issue is not a bar to alimony. In some cases, the sober spouse may be required to pay for the other spouse’s drug and alcohol screens and testing to see whether there is a serious substance abuse problem. The court can also order the sober spouse to pay for the addicted spouse’s treatment, as well as post-treatment expenses until that spouse becomes self-reliant. In other words, while substance abuse issues could reduce alimony in some cases, it could also increase the alimony obligations for the sober spouse in other circumstances. To determine how your spouse’s addiction issues may affect your obligation to pay alimony, you should speak with an experienced family law attorney in your state.