How Will My Spouse’s Addiction Impact Our Divorce?

 Posted on June 16, 2025 in Divorce

Going through a divorce with someone who has a substance abuse problem can complicate even the most basic parts of divorce, including asset division, child custody, and visitation. If you have concerns about how your spouse’s addiction will impact the divorce process, a knowledgeable Chicago divorce attorney can explain your legal options and offer guidance to get you through divorce in one piece.

Substance Abuse and Asset Dissipation in an Illinois Divorce

Alcohol and drug abuse can have a significant financial impact on a divorcing couple. If your spouse is struggling with active addiction during divorce proceedings, they may spend a significant amount of money or sell shared property to finance their addiction. This can profoundly affect the property division component of the divorce process.

Illinois is an equitable distribution state. This means that property characterized as marital property will be divided fairly, which is not always equally. The Illinois Marriage and Dissolution of Marriage Act defines marital property as any assets or liabilities acquired during the marriage, including your home, vehicles, and financial accounts. If your spouse is spending funds or selling property that belongs to both of you under Illinois law, you likely have a valid claim for asset dissipation.

Asset dissipation occurs when a spouse uses marital funds in a way that is not beneficial for the marriage after the marriage has already begun to break down, especially during divorce proceedings. If the court determines that the funds your ex spent on substance abuse or gambling were dissipated assets, you may receive a larger portion of the remaining marital property.

Parenting Concerns When a Spouse Suffers From Addiction

If you have minor children with your spouse, the allocation of parental responsibilities (commonly referred to as custody and visitation), will be a component of your divorce. Illinois statute 750 ILCS 5/602.7 mandates that the court make decisions based on what is in the child’s best interests. If your spouse’s substance abuse issues interfere with their ability to be a good parent, the court may decide that unsupervised parenting time would not be safe for your child. If you have concerns about your child’s safety, discuss this with your attorney. They will address these concerns with the court.

Tips for Divorcing Someone With Addiction Issues

Initiating a divorce with someone who has substance abuse requires careful consideration. Some ways you can make the process easier and more productive include:

• Consulting an experienced divorce attorney before you file for divorce so you have an idea of what you need to do to fully prepare

• Seeking support from a mental health professional to learn coping mechanisms for the challenges related to dealing with someone who has substance abuse issues

• Protecting your finances, such as keeping your separate property secure

The first step is always the hardest, but the key to a smoother divorce process is to make informed decisions. An attorney will ensure you understand the laws that apply to your case and the steps you can take to protect yourself and your children.

Schedule a Free Consultation With a Chicago, IL Divorce Attorney Today

At The Law Office of George J. Skuros, we understand that substance abuse adds a layer of emotional and legal complexity to divorce, an already challenging process. Our goal is to ensure that you understand the legal options available to you and to help you fight for the best possible outcome given the details of your case. Call 312-884-1222 to schedule a free consultation with an experienced Cook County, IL divorce lawyer today.