My husband is a drug addict.

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My husband is a drug addict. he tried to get help but relapses often, it is also due to the nature of his job and people that he surrounds himself with.
I want to separate because he is not here (mentally or physically) but he does not agree, I am financially dependable on him but He has put us into financial disaster and wants to destroy everything so I will "suffer". I can't get a job because of the situation I have. How can I proceed? We also have 11 year old daughter and I am the primary caregiver. He knows lawyers that would help him because of his status, yet I can't afford one to match his.

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Andrew J. Kania, LL.B., LL.M.

9 years ago

You do not need his agreement to separate. You can unilaterally make that decision. I recommend that you retain a lawyer who will write to him and advise that you are now separated. An attempt can then be made to negotiate a separation agreement. If he is unreasonable then Court may be commenced. Once he is served with an Application he will have 30 days in which to respond. If he does not act reasonably then after a few Court steps a Motion can be sought for Temporary Orders, including with respect to your daughter living with you, child support, spousal support, etc. If it is clear that there is a financial settlement for you, based on the equalization of Net Family Property, then some lawyers will agree to be paid once you receive your property settlement. Thus, you do have options to retain competent legal counsel to assist you with your difficult situation. If you wish to discuss matters with me I am prepared to provide you with a free consultation. You are welcome to call me at 877-668-9386.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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