The Impact of Substance Abuse on Divorce In Colorado

Divorce is always an emotional upheaval as well as a challenging legal process. When one spouse has a significant substance abuse problem, it adds an additional layer of concern and legal challenges. Although Colorado is a no-fault divorce state that doesn’t consider one spouse’s wrongdoing as a factor when granting a divorce, having a substance abuse problem may substantially impact some critical divorce decisions, such as child custody and alimony orders. If you are seeking a divorce in Colorado, reach out to our award-winning Denver divorce law firm to discuss your case for free today.

Substance Abuse and Child Custody

Child custody, or the allocation of parental responsibility, is the aspect of divorce most affected by a spouse’s unaddressed substance abuse problem. Under CRS. 14-10-110, the only grounds for divorce are that at least one of the spouses considers the marriage to be “irretrievably broken.” Neither spouse needs to prove the other’s wrongdoing for a judge to grant the divorce. However, substance abuse is an essential consideration in questions of child custody. Our Denver child custody attorneys can help guide you through the legal process in Colorado.

Colorado courts make all decisions in a child’s best interest. Typically, the court begins with the presumption that fostering a continued close relationship with each parent is in the child’s best interest; however, this is what’s called in court a “rebuttable presumption.” In other words, if one spouse feels that continued close contact or shared custody with the other parent is not in the child’s best interests—such as when the other parent has a substance abuse problem—they may present their evidence to the court.

If the court finds that one parent has a significant substance abuse problem that could endanger the child, they may award primary custody to the other parent and allow the parent with a substance abuse problem supervised visitation.

If the parent with the substance abuse problem goes to treatment and maintains their sobriety, they may petition the court for modification of the original order, extending their visitation rights or parenting time. Before considering a modification, the court may impose special requirements, such as routine or random drug and alcohol testing.

Division of Marital Assets and Debt In Substance Abuse Cases

Colorado’s divorce law requires spouses to divide their marital assets and debts in a way that’s fair and equitable if not precisely 50/50. Marital assets are the accounts, real estate property, vehicles, and household items accumulated during the marriage. If one spouse has a history of substance abuse, the court may take this into consideration when determining what is fair and equitable. The aspects of addiction the court commonly considers when dividing and distributing assets include the following:

• Did the spouse with the substance abuse problem dissipate marital assets due to their addiction? If so, the court might award a larger share of the marital assets to the other spouse to offset the discrepancy.
• Each spouse’s financial contribution to the marriage is one factor in how assets are distributed. If the substance abuse interfered with the addicted person’s ability to keep a steady job or earn their fair share during the marriage, the court may award a greater portion of marital assets to the spouse who contributed more to the household expenses.
• If the spouse with a substance abuse problem accumulated significant debt during the marriage due to their addiction, the court is likely to assign those debts to the addicted spouse or allot them a greater portion of the total marital debt.
• If substance abuse caused domestic violence to occur during the marriage, the court is more likely to award the marital home to the victim of the abuse.

In cases of domestic abuse, protective orders may also be necessary to protect the non-abusive spouse and children.

How Does Substance Abuse Affect Spousal Maintenance In a Colorado Divorce?

Depending on the unique circumstances of the case, the impact of substance abuse on spousal maintenance (alimony) can go either way. If the marriage lasted three or more years, a lower-earning spouse may request spousal maintenance from the higher-earning spouse.

If a spouse seeking alimony has a history of substance abuse that included dissipating marital assets, the court is less likely to award them alimony; however, if the spouse has agreed to go to a treatment center, rehabilitation, or a mental health institution, it’s possible that a judge might award them spousal maintenance, requiring the sober spouse to contribute to the other’s maintenance during their treatment program.

Approaching a Divorce With a Substance Abuser

Alcohol use disorder or illegal substance abuse can make an already difficult situation even more stressful during the divorce process. A sober spouse can take steps to safeguard themselves and their children during the divorce process by doing the following:

• Documenting evidence of the addiction, such as keeping a record of dates and times that your spouse actively engages in their addiction, recording any financial losses caused by the addiction, and the contact information of eyewitnesses to the substance abuse and its impacts.
• Document the dates and times of treatment programs or rehabilitation attempts, relapses, DUIs, and any criminal record for drug offenses or drunk and disorderly arrests.
• Document evidence of financial losses related to the addiction, including evidence of debt, pawned household goods, or missing paychecks.
• Gather evidence of the addiction’s impact on the children, such as photos of drug paraphernalia in places where the children could potentially access it, or other photo or video evidence.

While you don’t need evidence of substance abuse to get a divorce in Colorado, only your word that the marriage is irretrievably broken, proving the negative impacts of a spouse’s substance abuse disorder can help you protect your best interests and those of your children. Evidence such as police reports, toxicology results, and any other proof of the substance abuse and its impacts on your children, the marital finances, and any circumstances of domestic abuse should be shared with your attorney.

How Can a Denver Divorce Attorney Help Me?

Divorcing is never easy, but the spouse of an addicted person knows that every aspect of the divorce is affected by their spouse’s addiction—often, just as the marriage was. A lot is at stake during a divorce affected by substance abuse, especially if children are involved. When a divorce needs specialized knowledge and careful handling, it’s highly advantageous to hire a family attorney in Denver with experience in this area.

Contact Ciancio Ciancio Brown, P.C., today to learn how we can put our over 100 years of combined experience behind protecting your family’s best interests throughout your Colorado divorce case.