According to American Addiction Centers, Phoenix has the highest cocaine usage percentage in the entire nation, and one in five residents are past cocaine users. The Substance Abuse and Mental Health Service Administration states that there are over 300,000 people in the Phoenix-Mesa-Glendale area over the age of 12 who have substance abuse disorders. Finally, the Arizona Department of Health Services reports that excessive drinking causes 10% of all deaths for those aged 20 to 64. Many of these issues become clear during marriages, and a substance abuse issue can potentially lead to divorce. However, substance abuse can continue to affect a relationship long after it has ended – as addiction can also play a role in the calculation of alimony and support agreements. Spouses emerging from marriages with substance abuse issues may want to speak with an experienced family law attorney for further guidance. Dial (480) 284-2644 in Mesa or (623) 915-0944 in Glendale to discuss the potential next steps with Sullivan Shick PLC.
Judges May Consider How Much You Spent on Your Addiction
If a spouse spends considerable amounts of money fueling an addiction during marriage, this could affect alimony after divorce. To understand how this works, spouses should first familiarize themselves with the concept of “community property.” In Arizona, almost everything spouses acquire or earn during marriage is shared property. This includes paychecks that a spouse receives during marriage. Even if the other spouse does not work or earn income, they are generally eligible to receive half of these earnings. This also applies to any investments or purchases made by either spouse during the marriage. If this community property is “wasted” on something like an addiction, a family court judge may take various steps to penalize the addicted spouse.
These penalties may occur through alimony or property division. In terms of property division, the addicted spouse may receive a lower share of the community property. In addition, the spouse of the addict may receive more alimony than would normally be appropriate. This is to make up for the fact that the addicted spouse wasted or “dissipated” much of the family wealth.
Why an Addicted Spouse Might Receive More Alimony
On the other hand, a spouse with a history of substance abuse might receive more alimony in Arizona. To understand how this might occur, spouses first need to understand the various factors family courts consider when awarding alimony. Among many other things, family courts consider the physical and psychological health of both spouses when considering alimony. Although law enforcement and health authorities once saw addiction as a crime, the Arizona government today treats substance abuse as a health issue. Modern psychologists recognize substance abuse disorder as a legitimate illness, and so do courts. As a result, a family court judge might consider the mental health issues of an addicted spouse when awarding alimony.
If one spouse has supported the other through their addiction during the marriage, this may represent a “pattern of care” that courts will attempt to maintain. Courts may enforce alimony payments in order to make sure that the addicted spouse continues to receive the support to which they have become accustomed. Sometimes, addictions lead to legitimate, physical disabilities. Some drugs can cause permanent brain damage, while alcohol abuse can cause long-term issues with the brain, liver, pancreas, and kidneys. If the addiction has already caused these health problems, alimony may be necessary to support a spouse who can no longer work.
Why Providing Alimony to an Addict Might Be a Problem
While spouses with substance abuse issues might still receive alimony, transferring large sums of money to these individuals could be problematic. Family courts know that they are likely to spend their support payments on their addictions, and alternative support agreements may be necessary as a result. The obvious solution is to organize the direct payment of living expenses rather than simply transferring funds to the bank account of the recipient. For example, the family court might organize a system in which the payor transfers alimony directly to the landlord of the recipient. The same system could facilitate the direct payment of utilities.
Private Support Agreements Could Help Streamline Alimony
Substance abuse issues represent sensitive topics that spouses may not want to discuss in court. These individuals may prefer to discuss spousal support agreements in private through alternative dispute resolution (ADR) strategies. Unlike a litigated divorce trial, these private discussions do not go on public record. As a result, the embarrassing details of a substance abuse problem cannot affect the reputation or career of a divorcing spouse.
In addition, methods like mediation or collaborative law may allow for more flexible arrangements. These arrangements might involve the direct payment of alimony to landlords, coverage of utilities, or even the creation of spendthrift trusts. Some spouses may agree to forgo alimony altogether, instead resolving these inequities through property division settlements. For example, a spouse might receive a greater share of the family home instead of receiving alimony. Alternatively, a spouse may agree to pay for the rehabilitation and treatment of their ex instead of providing them with alimony. ADR can lead to many possible outcomes, and spouses can discuss these possibilities in more detail with Sullivan Shick PLC.
Discuss the Next Steps With Sullivan Shick PLC
Substance abuse can affect alimony and support agreements in various ways, but it also may affect other aspects of family law as well. An addiction could play a role in property division, especially if one spouse has spent considerable funds on their substance abuse problem during the marriage. Addiction could also affect child custody, particularly if the court believes that the substance abuse issue puts the child in danger. When approaching the aftermath of a divorce, it makes sense to consider all potential consequences of addiction. Many of these consequences depend on the unique circumstances of each spouse, and a discussion with a lawyer may provide more opportunities for personalized discussion. To continue this discussion, consider calling Sullivan Shick PLC at (480) 284-2644 in Mesa or (623) 915-0944 in Glendale.