Divorcing An Alcoholic in California (2024)

Divorces are already a difficult process to face and can become even more complicated when divorcing a person who exhibits or is diagnosed with alcoholic traits. While the divorce process is the same for everyone, divorcing an alcoholic in California comes with its own set of challenges. Staying focused on the facts of the case and hiring a divorce attorney who can anticipate the extra considerations involved in these cases will make a huge difference in your case.

Understanding the Impact of Alcoholism on Divorce

When someone is an alcoholic, their behavior and decisions can start to impact all aspects of a marriage that perhaps was once a perfect union. To just name a few examples, an alcoholic can make the relationship face more financial instability and emotional abuse or even put the two individuals and their kids in dangerous situations. All these factors can make the divorce process more contentious and harder to resolve.

The individual behaviors of both spouses can raise many red flags in the divorce process. Judges look for harmful behaviors, regardless of what is causing them, when making final decisions on issues like child custody, spousal support, and property division. While evidence may show that an alcoholic spouse negatively contributed to the marriage and ultimately caused the divorce, California’s divorce laws can create challenges in court when working toward a final decision.

Legal Considerations in California Divorces

California operates as a no-fault divorce state, meaning that neither spouse has a legal duty to prove that the other spouse engaged in wrongful behavior to cause the divorce. Anyone can divorce for any reason in California. This does not mean, however, that you should sweep someone’s harmful behaviors under the rug due to their alcoholism. Regardless of why they behave the way they do, the court wants to know this information.

Although alcoholism cannot be cited as grounds for divorce, there are impacts of such behaviors that could impact other areas of the final divorce decree. Some key considerations to keep in mind include:

• Child custody. The health and safety of every child in California is the court’s number one concern in divorce cases. Divorce is already extremely disruptive to a child’s life, and the court is interested in reducing any other areas of disruption as much as possible. If alcoholism has impacted your spouse’s ability to be an effective parent, the court needs to know this. Instances of abusive behavior because of alcohol or any DUI charge your spouse may have received could play a role in who gains custody of the children to keep them safe.
• Asset division. Marital property is subject to an equal division between both spouses. Any behaviors, however, that relate to one spouse’s alcoholism could impact this split. If the spouse used necessary savings to gamble or spend the money recklessly elsewhere, the court may reduce how much of the marital estate they receive. Evidence submitted by you and your attorney, such as bank statements, can help show this neglectful behavior.
• Spousal support. The concept of spousal support is to ensure that both parties can live a similar lifestyle to the one they had when they were married. Unfortunately, if your spouse was making the most money but has since lost their job due to their alcoholism, this can impact their ability to pay the money you need to move forward independently.

Alcoholism is an addictive behavior that creates a variety of challenges in the relationships of those who are suffering from it. Sometimes, the behaviors have long-lasting impacts that can jeopardize the financial security of a couple, the safety of children, and more. When your spouse suffers from alcoholism, you deserve the opportunity to fight for an outcome that allows you to take the first step forward.

FAQs

Is Alcoholism a Protected Class in California?

Both the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) consider alcoholism to be a disability. This means that depending on the context of your divorce, the alcoholic may have certain legal protections due to their substance addiction. It’s important to know that while this is true, their negative behavior should not be excused. Work with your attorney to prove the impact this has had on your marriage.

What Is the Split Law in California Divorce?

California operates under the framework of community property law, which means that all assets and debts that have been accumulated by a couple during the tenure of their marriage are considered equally owned. This means that they should be equally split during divorce. However, certain exceptions exist, especially when an alcoholic is involved. Evidence of financial misconduct or abuse can override this even split to ensure justice is served.

Can Alcoholism Impact Child Custody Decisions in California?

Proof of alcoholism can have a direct impact on what decisions a judge makes in California related to child custody. The court cares about the well-being and safety of a child first over their parent’s individual preferences. They will never intentionally put a child in a dangerous or unstable environment if they are aware one exists. This is why they might issue supervised visitation arrangements for an alcoholic parent rather than joint custody.

How Can I Protect My Assets If My Spouse Is an Alcoholic?

Careful financial planning and keeping clearly documented records are two significant steps you can take to protect your assets from an alcoholic spouse. First, you want to have enough evidence to support your claims that their alcoholism has impacted their ability to be financially responsible, like showing how they wasted money gambling. Consider working with a forensic accountant and attorney to help uncover undisclosed assets or any mismanaged funds.

Contact Our California Divorce Attorney

While divorcing an alcoholic can be an intimidating experience, you never have to go through the process alone when Moranda Law Firm, APC, is around. We have helped countless clients in your exact shoes and would be honored to take on your case and protect you from the common pitfalls that arise when divorcing an alcoholic. Contact us now to learn more.