How Does Addiction Affect an Illinois Divorce?

 Posted on July 25, 2024 in Divorce

Around 21 million Americans have at least one addiction. Twenty percent — approximately 28 million adults — have an alcohol use disorder. People who abuse alcohol, drugs, or gambling not only hurt themselves but can also harm their relationships with others. Marriages involving a spouse who has an addiction can be deeply impacted, with some ending in divorce.

Illinois does not recognize fault in divorce. This means that when you file for a dissolution of marriage, the court will not blame either spouse for causing it. If one spouse was addicted to alcohol, drugs, or gambling, for example, it would not affect a court’s decision about whether to grant a divorce decree. All the court needs to know is that there are "irreconcilable differences."

However, if one spouse has a history of addiction, it can affect certain parts of the divorce process. As we explore this further, remember that an Illinois divorce attorney is the best resource for questions about addiction and divorce.

Child Custody

One of the areas of the divorce process that can be affected by a spouse’s addiction is child custody. If there is a dispute about how to divide physical custody — or what Illinois law calls parenting time — a court will try to determine what is in the child’s best interest. The judge will look at several factors, including:

• The wishes of the child

• The wishes of the parents

• The relationship between each parent and the child

• The child’s educational and developmental needs

• The child’s relationship with his or her siblings

• Any history of neglect by either parent

The judge will also look for any reports of abuse by either parent, including substance or alcohol abuse.

Keep in mind that courts are not looking to see if the parents are perfect; they are looking to see if either parent poses a danger to the child’s well-being. Therefore, a judge may not be concerned about a parent who had an alcohol disorder ten years ago and has been clean since. A parent who is currently battling a gambling or drug addiction, however, may be awarded less parenting time.

Property Division

Another major part of the divorce process is property division, which is when spouses divide their marital property between themselves. Any possessions acquired by either spouse during the marriage — with some exceptions — qualify as marital property.

Illinois courts divide marital assets fairly, not equally, and the law leaves it up to the judge to decide what is fair if a couple cannot agree on their own.

So, while an addiction itself is not a reason for a judge to award one spouse less marital property, it can become a factor if there are financial consequences. For example, if a spouse used marital funds to fuel a gambling addiction or to abuse drugs, a judge may award the other spouse a larger share of the assets to compensate for those expenditures.

Contact a Skokie, IL Divorce Lawyer

At The Law Offices of Curtis Bennett Ross, L.L.C., we understand how deeply an addiction can affect marriage and the divorce process. We are committed to protecting the interests of our clients with professionalism and first-rate legal representation. Call 312-984-1514 to schedule a free limited consultation with a Rolling Meadows, IL divorce attorney today.