Spouse drinks & drives-am I liable for his actions?

[katbalouks]

My husband is an alcoholic that continually drinks and drives. He does not admit to his alcoholism but he he "has too many" approximately three to four times a week and then drives. We have been married for more than a year and this is a continual pattern. I have told him that I will not post bail or help him in any way if he ends up with a DUI or DWI. I need to know if I can be held civilly or criminally liable in a court of law if he were to harm another person or property if he were to get in an accident. If this is the case, how can I protect myself from liability. Do I have to file for divorce to protect my property? I have a pre-nuptial agreement that includes my property, but I don't think this applies.
Please help me.









What is the name of your state (only U.S. law)? Alaska

 

[Ohiogal]

My husband is an alcoholic that continually drinks and drives. He does not admit to his alcoholism but he he "has too many" approximately three to four times a week and then drives. We have been married for more than a year and this is a continual pattern. I have told him that I will not post bail or help him in any way if he ends up with a DUI or DWI. I need to know if I can be held civilly or criminally liable in a court of law if he were to harm another person or property if he were to get in an accident. If this is the case, how can I protect myself from liability. Do I have to file for divorce to protect my property? I have a pre-nuptial agreement that includes my property, but I don't think this applies.
Please help me.









What is the name of your state (only U.S. law)? Alaska

Do you own the car he drives? Do you pay for the car he drives? Is he on the same insurance as you? Do you pay for his car insurance? Is he listed jointly on any property/bank accounts or such with you? Are you with him when he drinks and drives? A prenuptial prohibits HIM from obtaining your property in a divorce. It would not be binding on the general public or any one who is a NOT a party to the prenup.

To protect yourself, divorce him and do not allow him to drive any vehicles you own. Do not be listed on property or bank accounts with him.

 

[rdwolf]

Probably not criminally, unless you get an over zealous prosecutor. But civilly a family can come after your property if you are married.

 

[commentator]

When you marry someone, you generally marry their driving record. Good luck finding an insurance company which will allow you to have insurance with a spouse with DUIs, without penalizing you both heavily for it.(IF they will cover you at all.) As long as you are married to this person, you are pretty much liable for his driving, as far as insurance is concerned, and if he gets a DUI and injures someone, you and he can definitely be sued civilly by the representatives of this someone for any maritial assets, so your stuff goes out too.

 

[xylene]

I find it hard to believe your husbands driving is the main or only problem his alcoholism is causing your marriage.

You need to talk to a divorce lawyer.

 

[HighwayMan]

There was a tragic case recently here in New York where an intoxicated and high woman drove the wrong way on the Taconic Parkway and ended up killing people.

The family of several of the victims is now suing the estate of the woman at fault. The feeling is that the husband must have know his wife had an alcohol and drug problem.