Alcohol or Drugs in a Minnesota Divorce
Before I practiced law, I worked in the mental health field. There, I met many people who struggled with alcohol or drugs, such as marijuana, cocaine, and prescription medications. I call all of these “chemical health” issues.
Chemical health issues are common in divorce and custody cases. In fact, they can be part of the reason a marriage ends. Also, the stress of a divorce can make drug or alcohol use worse. Below are the main ways these issues can affect your case.
Drugs, Alcohol, and Child Custody
Custody is where chemical health matters most. In every case involving children, the court decides custody based on the child’s best interests. To do that, it uses the factors in Minnesota’s custody statute. One factor is any physical, mental, or chemical health issue of a parent that affects the child’s safety or development.
However, the issue has to affect the child to count against a parent. Simply having a chemical health issue, especially a past one, often isn’t enough to change the custody decision.
If you have a chemical health issue, it helps to show that you take it seriously. Ideally, you are also not using. For example, you might attend individual or group therapy or a support group. Where appropriate, you might also take medication prescribed by a psychiatrist or psychiatric nurse practitioner. In addition, the court may order testing, such as random urinalysis or alcohol monitoring.
On the other hand, some signs suggest a parent isn’t taking the problem seriously. These include DWIs, repeated or unfinished treatment programs, and downplaying the problem.
Recreational cannabis became legal for adults in Minnesota in 2023. Even so, the court can still consider a parent’s cannabis use if it affects the child’s safety or care.
Drugs, Alcohol, and Child Support
A chemical health issue can be disabling, at least for a while. As a result, it can affect a parent’s ability to work. Since child support depends on each parent’s income, this can matter.
Sometimes parents disagree about how much a parent with a chemical health issue can earn. In that case, the court may hear from doctors, counselors, therapists, or vocational experts. It may also review chemical health records.
Drugs, Alcohol, and Spousal Maintenance
Similarly, a chemical health issue can affect a spouse’s ability to work for spousal maintenance purposes. For instance, suppose the marriage was long and the other spouse earns a healthy income. Then the spouse with the condition may have an argument for maintenance. Again, the court may need experts to help resolve the dispute.
Drugs, Alcohol, and Waste of Marital Assets
Finally, a spouse may have spent a lot of marital money on drugs or alcohol. In that situation, the other spouse may be able to claim that marital assets were wasted. These claims depend heavily on the facts of each case.
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