Simone Lawson
Prescription drug abuse can have serious consequences on personal health, family life, and relationships. In the context of divorce, addiction is a significant issue, and it often plays a major role in divorce proceedings in the United States. While prescription drugs taken as prescribed should be okay, the problem arises when an individual becomes addicted, leading to financial problems, employment issues, constant arguments, domestic violence, and other relationship challenges. In Illinois, specifically, divorce laws have evolved over time, and as of 2016, the state became a no-fault divorce state, eliminating all fault-based grounds, including substance abuse. This means that prescription drug abuse, in and of itself, would not constitute an 'at-fault' divorce in Illinois, but it may still impact child custody, property division, and spousal maintenance arrangements.
| Characteristics | Values |
|---|---|
| Prescription drug abuse as a fault ground for divorce in Illinois | No |
| Illinois divorce law | No-fault state |
| Grounds for divorce | "Irreconcilable differences" |
| Proof of irreconcilable differences | Living separately for at least 6 months |
| Division of assets | Accused has the burden of proof that they did not spend money on drugs |
| Child custody | Courts may award full custody to the sober parent |
| Alimony | Sober spouse may have to pay alimony to addicted spouse in uncommon cases |
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What You'll Learn
Child custody and visitation
In Illinois, child custody and visitation agreements are determined by what is in the best interests of the child. If a parent has a prescription drug abuse problem, it may impact their ability to care for their child or pose a danger to the child's well-being. In such cases, the court may take action to protect the child.
If there is a custody order in place and allegations of substance abuse arise, the judge may restrict the parent's contact with the child by changing the order. Supervised visitation may be ordered if there is credible evidence to support the claims, allowing the parent to still see their child in a safe and controlled setting. Evidence of suspected drug use can include police reports, DUI charges, and other arrests due to addiction or substance abuse, such as possession or selling of illegal drugs, disorderly conduct, assault, battery, or vagrancy.
If a parent's addiction is impacting their ability to care for their child or posing a danger to the child's well-being, the court may order the parent to complete a treatment program for drug abuse. The court may also modify an existing parenting order if it is in the child's best interests, based on a change of circumstances or conduct that seriously endangers the child.
It is important to note that Illinois law does not consider prescription drug abuse as a fault-based ground for divorce. However, substance abuse can still play a significant role in the divorce process and impact child custody and visitation agreements.
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Property division and alimony
Illinois became a no-fault state for divorce on January 1, 2016, meaning that neither party is held responsible for the breakdown of the marriage. Previously, substance abuse was one of the grounds for divorce in Illinois if one party had a substance abuse problem for at least two years. However, substance abuse can still play a significant role in divorce proceedings, especially when it comes to property division and alimony.
In Illinois, alimony, also known as spousal support or spousal maintenance, is determined by statutory factors such as the length of the marriage, income disparity, and the ability to be self-sufficient. The court also takes into account each spouse's income and property, with consideration given to the division of marital assets. Alimony may be adjusted if a spouse retains substantial non-marital assets, as this impacts their financial position. The standard of living during the marriage and any negative impact on the earning potential of either spouse due to marriage or childcare arrangements are also considered.
The basic formula for alimony in Illinois is (33% of the payer's net income) – (25% of the recipient's net income) = the yearly maintenance paid. However, the amount awarded cannot cause the receiving spouse to earn more than 40% of the couple's combined net income. The length of spousal support payments is typically dependent on the length of the marriage, with longer marriages usually resulting in longer alimony durations.
In cases of prescription drug abuse, the issue of addiction may be raised during divorce proceedings. If one spouse is accused of spending marital funds on drugs, they have the burden of proving that they did not dissipate assets. This could impact the division of assets and, subsequently, the amount of alimony awarded.
It is important to note that spousal support is not guaranteed or awarded in all Illinois divorces, and each case is evaluated individually. Child support obligations are also considered when determining alimony, with guidelines suggesting that the combined amount of child support and alimony should not exceed 50% of the payor's net income.
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Treatment and recovery
Since 2016, Illinois has been a no-fault state when it comes to divorce. This means that substance abuse is not grounds for divorce, although it often plays a major role in marriage dissolution. If you are divorcing a drug addict, you should be aware of the Illinois divorce laws that are available to protect you and your children.
Substance use disorders are brain disorders that can be effectively treated. Treatment for prescription drug abuse typically falls into two categories: behavioral treatments and medications.
Behavioral treatments include contingency management and cognitive-behavioral therapy, which can be done individually, with family, or in a group setting. These treatments help patients stop drug use by changing unhealthy patterns of thinking and behavior and teaching strategies to manage cravings and avoid cues and situations that could lead to relapse. Behavioral treatments can also help patients improve their personal relationships and their ability to function at work and in the community.
Medications can also be used to treat prescription drug abuse, although the options depend on the type of drug being abused. For example, addiction to prescription opioids can be treated with buprenorphine, methadone, and naltrexone. Buprenorphine and methadone help to relieve withdrawal symptoms and cravings, while naltrexone prevents other opioids from affecting the brain. In the case of an overdose, the opioid overdose-reversal drug naloxone can be used to rapidly restore normal respiration.
If you or someone you know is struggling with prescription drug abuse, there are resources available to help. SAMHSA's National Helpline is a free, confidential, 24/7, 365-day-a-year treatment referral and information service for individuals and families facing mental and/or substance use disorders. You can also text your zip code to 435748 (HELP4U) to find help near you.
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Grounds for divorce
Illinois is a no-fault divorce state. This means that couples seeking a divorce in Illinois do not need to prove fault in order to obtain a divorce. The only ground for divorce in Illinois is "irreconcilable differences". If your spouse contests the divorce and disagrees that you have irreconcilable differences, living separately for at least 6 months is considered sufficient proof.
Previously, one of the grounds for divorce in Illinois was if one party had a substance abuse problem for at least two years. While substance abuse is no longer a ground for divorce in Illinois, it often plays a major role in divorces in the United States. Studies have shown that marriages with one or more partners who have a serious alcohol problem are more likely to end in divorce. Divorce rates for couples with past or present alcohol abuse are 48.3%, compared to 30% for couples without substance abuse issues.
If you are divorcing a spouse with an addiction, it is important to understand how this issue may affect child custody and property division. Courts take substance abuse issues very seriously, and there can be stiff repercussions in a divorce case for an addicted spouse. For example, in cases where the addicted parent has caused serious injury to a child due to substance abuse, a judge may terminate that parent's custodial rights altogether. In some cases, a sober spouse could be required to pay alimony to an addicted spouse, especially if the addiction has led to a mental illness requiring institutionalization.
If you are already divorced or have a parenting order in place, you can ask the court to modify that parenting order based on drug or alcohol use if it is in the child's best interests.
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Financial implications
Illinois divorce law requires that marital property and debts be divided "equitably", which may or may not mean equal distribution. The financial or other contributions made by each party in acquiring the property are considered, along with each party's financial circumstances and the likelihood of future asset acquisition. The court may also consider whether marital income was used for non-marital purposes, the duration of the marriage, and the allocation provisions for any children of the marriage.
In the case of prescription drug abuse, if one spouse alleges that the other spent marital money on drugs, the accused spouse has the burden of proving that they did not. If it is proven that money was spent on drugs, the non-abusing spouse may be able to recover up to 50% of those funds.
In terms of child custody, Illinois law requires parents to file a proposed parenting plan, and the court will consider the best interests of the child and any agreements between the parents. If there are disagreements, the judge may require mediation. Child support is another important aspect, designed to ensure that children's financial needs are met, and this may be impacted by drug or alcohol abuse if it affects a parent's ability to maintain employment.
The cost of divorce itself can also be a financial implication, with lawyer's fees varying based on experience and the complexity of the case. In some cases, one party may be required to pay the other party's attorney's fees if there is a large disparity in income.
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Frequently asked questions
No, Illinois is a no-fault divorce state, so you cannot list your spouse's addiction as the grounds for divorce. The only available ground for divorce in Illinois is "irreconcilable differences."
Substance abuse issues are a known cause of strain in relationships and can lead to financial problems, difficulty in maintaining employment, constant arguments, domestic violence, or other relationship issues. A spouse's substance abuse may impact your strategy during a divorce, especially when it comes to child custody and property division.
Courts take substance abuse issues very seriously, and there can be stiff repercussions for an addicted spouse. The sober spouse generally has the upper hand in negotiations and may be awarded full custody of the children, with the addicted spouse having no visitation rights.
In some uncommon cases, a sober spouse could be required to pay alimony to an addicted spouse, especially if the addiction has led to a mental illness requiring institutionalization.
Yes, while challenging, it is possible. The accused spouse has the burden of proving that they did not spend the money on drugs and must show what they spent the money on.
