How Drug And Alcohol Problems Impact Fort Lauderdale Divorce Proceedings
Substance abuse can have devastating impacts, not only on the individual but on their loved ones. If your spouse has a problem, it can also influence the outcome of a Broward County divorce.
From child custody to property division, a history of drug or alcohol abuse can shape nearly every aspect of your case. Our experienced Fort Lauderdale divorce attorney explains what you need to know and how to protect yourself and your family.
How Substance Abuse Affects Custody and Time-Sharing in Broward County
Florida is a no-fault divorce state, meaning you do not need to prove your spouse’s substance abuse to file for divorce. However, if you have children, it can have major impacts when it comes to child custody and time-sharing.
Under Florida Statutes Section 61.13, Broward County family court judges determine time-sharing based on the best interests of the child. Here is how substance abuse can influence custody decisions:
- Police reports, DUI records, drug test results, and witness testimony may demonstrate a pattern of behavior that puts your child at risk.
- If substance abuse is alleged, a Broward County judge has the authority to require random drug or alcohol testing as a condition of time-sharing.
- A judge may order sole custody to one parent in cases of substance abuse or restrict time-sharing to supervised settings.
- In cases where a parent is an addict or alcoholic, a demonstrated commitment to treatment can improve their standing.
Substance abuse does not only affect custody. It can also influence the financial outcome of your Fort Lauderdale divorce case.
How Substance Abuse Can Affect Property Division in a Fort Lauderdale Divorce
Under Florida Statutes Section 61.075, the Broward County family court considers the intentional dissipation (waste) of marital assets when dividing property. Spending marital funds on drugs or alcohol falls squarely into that category.
When a spouse drains financial accounts or sells valuable property, or otherwise depletes marital property and assets in a Fort Lauderdale divorce, it could entitle the other party to additional amounts in a settlement. Take these steps to protect your rights in court:
- Document any spending relating to substance abuse, including bank withdrawals and credit card statements.
- Keep a written log of incidents involving your spouse’s substance use, including dates, what happened, and any witnesses present.
- Request that the court impose restrictions on your spouse’s access to marital assets during the divorce to prevent further dissipation.
- Consult a Fort Lauderdale divorce attorney as early as possible.
Building a strong record of substance abuse takes time. Evidence you gather now can protect both your finances and your parental rights.
Contact Our Experienced Fort Lauderdale Divorce Attorney Today
Getting a divorce in Fort Lauderdale due to a spouse’s substance abuse problem is one of the most challenging situations you can face. At The Law Office of Sandra Bonfiglio, P.A., we provide caring, comprehensive legal services to clients throughout Broward County, protecting their children, their finances, and their futures. To schedule a consultation with our experienced and highly skilled Fort Lauderdale divorce attorney, call or contact us online today.
Sources:
flsenate.gov/Laws/Statutes/2025/61.13
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
