Alcohol or Drugs in a Minnesota Divorce
Before practicing law I worked in the mental health field. This work also involved working with many people who had issues with alcohol. I also helped people with issues with drugs like marijuana, cocaine, or prescription drugs. I refer to these all as “chemical health” issues.
Chemical health issues are not uncommon in divorces or custody cases. They can contribute to one or both spouses wanting a divorce. Use of drugs or alcohol may also increase under the stress of a divorce. Drug or alcohol issues may impact divorce or custody cases in important ways. Some examples:
Drugs, Alcohol, and Child Custody
Custody is the most notable way chemical health may impact a divorce. Judges evaluate the best interests of a child in all custody or divorce cases. The custody statute highlights twelve factors a court must consider. One of the twelve factors includes the chemical health of the parents.
In order to count against a parent, a parent’s chemical health issue must work against the best interests of the child. The mere presence of a chemical health issue, particularly an older one, is not necessarily enough to influence the custody analysis.
If a parent has a chemical health issue, it’s important to demonstrate that it’s being taken seriously and ideally that the parent is abstaining from use. This can include individual or group therapy. It also may include prescription medications under the supervision of a psychiatrist or a psychiatric nurse practitioner.
Examples of not taking chemical health seriously may include DUIs, repeated and incomplete outpatient and inpatient treatment attempts, and minimizing the behavior on the part of the using parent.
Drugs, Alcohol, and Child Support
A parent’s chemical health issues may be at least temporarily disabling. This can impact that parent’s ability to find employment. Parental income influences child support calculations.
In some divorces and custody matters, parents argue over whether and to what extent a parent with a chemical health issue can earn income. The Court may need experts like doctors, counselors, therapists, and vocational evaluators to help with these decisions. The Court may also review chemical health records.
Drugs, Alcohol, and Spousal Maintenance
Similar to child support, chemical health issues may also impact a spouse’s ability to work as it relates to spousal maintenance. In such a case, especially if the other spouse is earning a healthy income and the marriage is long-term, the spouse with the chemical health condition may have an argument for receiving spousal maintenance in a divorce. As in the child support situation, the Court may need experts to help with these disputes.
Drugs, Alcohol, and Waste of Marital Assets
In some cases, depending on the nature and extent of the drug or alcohol use, as well as its effects, a spouse may have a claim that the other spouse wasted marital assets. This type of review is very case-specific.
For other divorce or family law questions, please consult the list to the left or the FAQ page. If you’re interested in retaining an attorney to help you, please feel free to contact my office for a consultation using the contact information on the left or the contact form on the Majeski Law home page. For Court rules, please click here.