Is gambling grounds for divorce?

UPDATED: Oct 1, 2022

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Is gambling grounds for divorce?

My husband of 22 years makes a good salary but the more he makes, the more he gambles. He has

good health insurance. I can’t afford a decent apartment and my bills on my current salary. Would I be entitled to alimony and health insurance? Could he be responsible for my lawyer’s fee and court costs?

Asked on October 31, 2017 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Speak to a family law attorney. Gambling does not appear to be grounds for a "fault"-based divorce in you state. That doesn't mean you can't divorce, but it may mean that you have to live separately and apart for at least 6 months, possibly longer, in order to file for divorce. Even if that is not economically feasible for you, unless you meet the criteria for fault (which are things like intentionally cruetly, adulty, drug addiction etc.), you have to go the no-fault route--so you may need to move in with family, get a roommate, or find a "not decent" apartment. Alternatively, it may be possible to more quickly legally separte and get some support from your husband, then divorce later: support is available in cases of legal separation. You need the advice of a family law attorney to evaluate your options, their pros, and their cons.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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