Preventing Liability Due to an Alcoholic Spouse

I’ve been married for a little over a year. My wife stated during the dating process that she did not drink, and I had never seen her take a drink.

Shortly after we were married, I noticed in her bank records that she had made purchases at the local ABC store. I asked her about them, and she stated she was buying it for a coworker. I asked her not to do that again, as it was against our belief system (drinking or providing drinks to others). She promised she would not, and I let it go.

About 6 weeks ago, I was dropping off packages for work at the UPS store, and when I came out of the UPS store, I saw my wife leaving the ABC Store at about 3 pm. I asked her about it, and she again claimed to be buying alcohol for someone at work, and she was… herself. Two weeks ago she was told to either resign or be fired for drinking on the job. She had blown a .228 BAC when her employer took her to an urgent care clinic.

She has covered up her drinking quite well, but now that I know what I’m dealing with, I can spot when she’s been drinking. I also know that she’s driven under the influence at least twice in the past few weeks.

We have no joint accounts. She has her own home (currently rented out on a month-month basis), and her car is in her name. She is under my car insurance policy.

She refuses to acknowledge her drinking problem, and adamantly denies drinking, even when I know she has been. It has quickly become obvious that I cannot help her as she doesn’t think she has a problem.

At this point, while I don’t really want a divorce, I need to make sure I protect myself financially.

What should I do legally?

Thank you.

You could still be liable for damages/personal injury caused by your wife. Check with your insurance agent, but likely the only way to ensure that you are not liable is to separate and have separate auto insurance policies.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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