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Alcohol and divorce

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Anonymous Asked:

I have been in an marriage for 26 years, with a woman whom has become an Alcoholic with no acknowledgment of fault. I've tried tirelessly to correct the problem but with no avail. I've worked my entire life to save the money we have without any help from my wife, who at times almost seemed to enjoy sabotaging our finances for spite. I have not yet filed for separation nor divorce but am at the end of my rope. In a situation such as mine would the division of assets still be 50/50, or can negligent behavior be argued in favor of the responsible spouse in the marriage.

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A Family Lawyer
6 years ago

I cannot comment on your specific circumstances. You should consult with a lawyer of your choosing. You may ask for an award or agreement as to a payment of more or less than one-half of the different of the net family properties. One instance in which there would be a payment of more or less than one-half the different between your respective net family properties is if one spouse recklessly incurred debts. There is no such relief due to not saving or setting money aside. To obtain such an award or agreement you would need to establish a high threshold of "unconscionability" which means shocking to the conscience. I am not sure what is meant by sabotaging, but if that includes recklessly incurring debts, then you should consult with a lawyer on this issue. In response to the question, presumably the debts incurred recklessly are not joint debts, but rather the sole obligation of the other spouse. If after deducting those debts from that spouse's net family property you owe a significant equalization payment then you could contend that the other spouse incurred the debts recklessly and as such you should pay less than one-half the different between your net family properties.

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