Drug and alcohol abuse is not only harmful to an individual’s health, but it also adversely affects their relationship with others. Sadly, substance abuse has led to many divorce cases.
In Connecticut, substance abuse has a significant impact on divorce proceedings, particularly when it comes to matters of child custody and division of assets.
Substance abuse in child custody
When determining custody and visitation, courts consider factors that will ultimately show which arrangement would serve the child’s best interests. These factors include the physical and emotional safety of the child and the overall health and capacity of each parent to care for their child.
A history or existing substance abuse disorder usually leads courts to assume a parent incapable to provide a safe and stable environment for the child. As a result, the parent with the substance abuse problem may face limitations on custody or visitation rights or may be required to have supervised visits instead.
Substance abuse in property division
Connecticut follows the equitable distribution rule in property division, which means that courts divide marital assets in a way that is fair and equitable between spouses. If one spouse’s substance abuse has led to the dissipation of marital assets, such as spending a significant amount of money on drugs or alcohol, the court may take this into account when dividing assets.
Substance abuse in spousal support
When determining alimony in a divorce, courts consider several factors, including the causes for the dissolution of the marriage. If one spouse’s substance abuse was a major factor in the breakdown of the marriage, the court may consider this when deciding on alimony.
A case-by-case basis
While substance abuse can affect the results of a divorce, every situation is unique and the court’s decision can vary based on the specifics of the case. It can help you navigate the divorce process in relation to your situation with adequate research and competent legal advice.