When a divorce involves substance abuse, it can make an already difficult process even more overwhelming. Whether you’re dealing with emotional fallout, legal roadblocks, or financial instability, divorcing an addict often comes with a unique set of challenges. This is especially true when children are involved, and their safety and wellbeing are at stake.
If addiction has played a role in the breakdown of your marriage, it’s important to understand your rights and the steps you can take to protect yourself and your family. Working with a family lawyer who has experience handling cases involving substance abuse can make all the difference—helping you build a strong case, gather the right documentation, and advocate for what’s in your family’s best interest.
These common questions are probably floating through your mind if this is something you are facing so we have outlined the answers for you below.
Can Substance Abuse Be Grounds for Divorce in Canada?
Canada uses a no-fault divorce system, meaning you don’t need to prove your spouse did something wrong. Legally, you only need to show that your marriage has broken down, based on the following conditions:
- You and your spouse have lived apart for at least one year
- Your spouse has been physically or mentally cruel to you
- Your spouse has committed adultery
If your spouse struggles with addiction, it may fall under the category of cruelty—especially if their behaviour is abusive or puts your safety at risk. While most people separate for a year before divorcing, divorcing an addict might allow you to pursue other legal grounds, depending on the circumstances. A family law lawyer can help you understand your options.
What Counts as Substance Abuse?
Substance abuse includes excessive use of alcohol, street drugs like cocaine or fentanyl, or even overuse of prescription medication. Since cannabis became legal in Canada, cannabis addiction has also become more common. Statistics Canada reported that nearly 5% of users were at risk of developing a cannabis use disorder in 2023.
Living with someone who has an addiction can mean emotional stress, financial trouble, and unsafe conditions—especially for kids. If your spouse refuses to seek help or rehabilitation, the situation can quickly spiral.
Abuse and Addiction in Divorce
Under Canadian law, cruelty can mean more than physical violence. It can also include constant criticism, emotional manipulation, controlling behaviour, or financial abuse. Courts will look at how serious and frequent the behaviour is, and whether it’s affecting the wellbeing of your children.
To prove abuse or addiction, try to gather any documentation you can: police reports, medical records, photos of injuries, or written statements from people who have witnessed the behaviour. A journal noting specific incidents can also help build your case.
How Can Addiction Affect Your Divorce?
If substance abuse has contributed to the breakdown of your marriage, it could impact several areas of your divorce:
- Parenting arrangements: Courts in Ontario always focus on the best interests of the child. If addiction affects a parent’s ability to care for the child or creates an unsafe environment, the court may limit parenting time or require supervised visits.
- Division of property: If your spouse spent family money on drugs or alcohol, that could affect how your shared assets are divided. Judges may adjust the split if your spouse’s substance abuse caused serious financial harm.
- Spousal support: Substance abuse can influence who pays spousal support and how much. If your spouse can’t work due to addiction, they might not be able to pay. If you’re the one with the addiction, the court may question whether that’s why you need support.
How Does Substance Abuse Affect Kids In A Divorce?
When you’re divorcing an addict and there are children involved, the court will take extra care in deciding what arrangement best protects your child’s wellbeing.
The judge will consider things like how serious the substance abuse is, whether it affects parenting abilities, and whether the child is at risk of harm. In some cases, parenting time may be restricted until the addicted parent gets help and proves they’re committed to recovery.
Working with a family law lawyer who understands these situations can make all the difference. You may also want to reach out to support groups or addiction professionals who can guide you through the personal side of things.
Can You Block Access to the Kids?
Courts want both parents to stay involved in their children’s lives if it’s safe. But if your spouse’s substance abuse puts your child at risk, parenting time can be limited—or made conditional on things like rehab, counseling, or proof of sobriety.
If your spouse eventually gets the help they need and shows real change, the court may be open to revisiting parenting arrangements.
Is Substance Abuse Threatening Your Marriage? Call Us, We’re Here For Legal Advice and Support
Getting through a divorce when substance abuse is involved isn’t easy, especially if your spouse is in denial. But with the right legal advice, you can protect yourself and your children while taking steps toward a safer, more stable future. At Scharff Nyland Chambers LLP, we understand the added stress that substance abuse brings to the divorce process.
Our experienced family law lawyers at SNC Family Law work in the GTA, Simcoe, and Grey Counties through our offices in Barrie, Toronto, Wasaga Beach, and Collingwood. It’s easy to set up an appointment through our website, or you can call us at 1-866-721-5851. Let’s take that first step together.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
