Marital Misconduct - Alcoholic


#1

I have been separated from my dependent spouse for over one year. We are going to divorce.

She left the residence and moved into an apartment. Her alcoholism made living with her extremely difficult and so she was strongly encouraged to leave (by me). I have had full custody of the children since she left. Though she has seen them on occasion, as long as I knew she was sober.

I have paid her living expenses since she moved out.

She had a job for a few weeks, but was fired because of not showing up.

After leaving the house, she continued to have alcohol problems, going in and out of the hospital multiple times, post separation. Of course, now she claims to have it all under control.

Would her drinking be considered marital misconduct such that it could potentially bar an alimony claim??


#2

The statute includes “excessive use of alcohol or drugs “so as to render the condition of the other spouse intolerable and life burdensome” as a form of martial misconduct. This is a factor the court must consider in making a determination of the amount, duration and manner of payment for alimony.

Out of all the factors of martial misconduct the only one that is bar to a dependant spouse receiving alimony is engaging in illicit sexual behavior.