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Can he use my prior alcohol abuse against me?

Anonymous Asked:

if my spouse works and I dont and he is planing a divorce can he use my prior alcohol abuse or say I still have a problem, or anything against me so that I dont get alimony, or assets. He has also opened his own account where all the money goes. and I have to ask him for cash. our account was joint previously. I never worked.

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A Family Lawyer
9 years ago

I cannot answer whether you will get alimony. The issues raised in relation to the alcohol is whether there is a correlation between alcohol and ability to work. Typically, conduct is not relevant to the determination of support obligations. However, if someone were to lose their job as a result of alcohol then perhaps the circumstances relating to the drinking problem would be relevant, or in the event that unemployment results from the alcohol use. The alcohol use is not related to the property division issues. You can discuss with a family law lawyer the best way to ensure that you are paid monies to which you are entitled to, and how to address the responsibility for your living expenses. Justice Olah in the Harris case 2005 set out full details of the issues between misconduct and alcoholism.

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