Divorce is inherently challenging, but when substance abuse is involved, the emotional and legal complexities often intensify. Addiction can deeply affect all aspects of a person’s life, often leading to significant financial instability, damaged relationships, and challenges in parenting. When children or domestic violence are factors, the stakes are even higher.

How Massachusetts Courts Address Addiction in Divorce

Massachusetts courts recognize that addiction is a medical condition that may require treatment. However, this recognition does not diminish the seriousness of substance abuse when evaluating custody, safety, and financial issues. Judges routinely handle cases involving addiction and are well aware of its potentially devastating impact on families.

In any case involving children, the court’s primary concern is their safety and well-being. To ensure this, the court may impose conditions such as:

• Supervised parenting time (with a professional supervisor or an agreed-upon third party)
• Random drug or alcohol screenings
• Use of monitoring devices (e.g., handheld breathalyzers)
• Mandatory participation in addiction treatment programs

Fault vs. No-Fault Divorce

Massachusetts allows both no-fault and fault-based divorces. While most individuals file under the no-fault ground of “irretrievable breakdown of the marriage,” the law also permits filing under specific fault grounds, including “gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs.”

However, filing under a fault-based ground can be more complicated and time-consuming. The petitioner must prove that the substance abuse:

• Was chronic
• Occurred during the marriage
• Was the primary cause of the marital breakdown

Despite the additional effort required, fault-based filings often do not provide a significant legal advantage and are less commonly pursued.

Protecting Yourself and Your Family

Divorces involving addiction are frequently high-conflict and may require strategic planning and the involvement of experts. It is essential to retain an experienced Massachusetts divorce attorney familiar with litigating cases that include substance abuse, especially where child custody or domestic violence is a concern.

If your spouse’s addiction poses a threat to your safety or that of your children, legal protections such as emergency custody orders or abuse prevention orders (restraining orders) may be necessary. Reducing or eliminating direct communication with the addicted spouse, and instead using attorneys or third-party communication tools, can help maintain your safety and peace of mind.

Financial Considerations

One of the most harmful effects of addiction in a marriage is the dissipation of marital assets. Excessive spending, hidden debts, or irresponsible financial behavior can significantly impact the division of property. In cases where substantial assets have been wasted due to addiction, the court may grant the non-addict spouse a greater share of the marital estate to compensate for the loss.

If you have complex financial holdings, it is critical to work closely with your attorney to ensure a thorough asset investigation and disclosure process. This may include identifying hidden accounts, unauthorized debts, or high-risk expenditures tied to the addiction.

Moving Forward with Confidence

Divorcing a spouse with substance abuse issues can be overwhelming, but it is possible to emerge stronger and more secure. Whether through litigation, collaborative divorce, or mediation, building the right legal team will be key to protecting your rights and setting a solid foundation for your future.

At Mansur Law Group, we understand the nuances and emotional toll of divorces involving addiction. We support our clients through every stage of the process, including complex financial disclosures, custody evaluations, mental health assessments, and court-ordered treatments. Contact us today to speak with a member of our team and begin planning your path forward.