
Marchman Act & Guardianship | Miami-Dade and South Florida
Living With a Husband Who Drinks Every Day? Know Your Options in Florida
Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Start with a free, confidential first consultation.
Your First Step
Free
Initial consultation, confidential and with no obligation to continue
South Florida
Serving Miami-Dade and families across the state
(561) 849-4700
Call the office to talk through your family's situation
By Richard J. Casey III, Esq. · Published November 1, 2026
When Your Husband Drinks Every Day, Your Whole Household Feels It
Learning how to deal with a husband who drinks every day starts with safety. Then protect the money, set limits you can keep, and know that Florida law offers a court route when drinking becomes dangerous.
If you’re reading this after another hard night, you’re not alone in it. Daily drinking often brings moods you can’t predict, promises that don’t hold, and a home where everyone waits for the next bad day. You may be the one paying the bills, covering for missed work, and keeping the children calm. That weight is heavy.
This page covers practical steps in order of urgency. It starts with the children, then the household money, then how to talk with him. It also explains one legal option for families and where it fits.
If your husband's daily drinking has made your home feel unsafe, reach out to our team to talk through your family's facts; you don't have to face it alone. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Protecting Your Children First
Your children’s safety comes before any conversation about his drinking. If a child might be in danger, act on that first.
Watch for these warning signs:
- He drives the children after drinking.
- He threatens, shoves, or becomes violent.
- The children are left alone, or they lack food, medicine, or a ride to school.
- The children start hiding things or acting out to cover for him.
Make a simple safety plan with your children, sized to their age. Pick one trusted adult they can call. Keep a charged phone and emergency numbers saved where they can reach them. Agree on a safe place in the home or nearby where they can go if things escalate.
Keep the children out of the middle. Don’t ask them to keep secrets, report on his drinking, or take sides. Children carry that weight quietly, and it adds to their stress.
Daily drinking can disrupt routines, sleep, schoolwork, and a child’s sense of safety. If the home feels unsafe, think about outside help now, not later.
Protecting the Household Finances
Protecting your money starts with knowing what comes in, what goes out, and whose name is on each account. Daily drinking can drain money through purchases, missed work, and unpaid bills. That strain can reach the whole family.
Start with a simple list. Gather recent bank and credit card statements, bills, and loan papers. Write down every shared debt and who is responsible for it. Note which accounts you can view on your own.
Keep copies of key documents in a place he can’t easily reach. These include tax returns, insurance policies, and records of household income. Clear records make it easier to describe your family’s situation accurately if you ever need to.
Be careful about handing over cash he could use for alcohol. Covering missed bills can feel like the kind thing to do, but it often keeps the pattern going. A calm, factual record protects you better than a promise that things will change.
What to Say and Do When He Is Drinking, and When He Is Sober
Knowing how to deal with a husband who drinks every day includes knowing when not to argue. Don’t try to reason with him or confront him while he’s drinking. Intoxicated people often can’t take in what you say, and arguments tend to escalate. Wait until he is sober and calm.
When you do talk, stick to specifics. You might say, “I saw you drive home after four drinks, and I’m scared for the kids.” Describe what you saw, how it affected you, and what you need. Avoid labels like “alcoholic,” and don’t guess what’s going on in his head.
Boundaries and enabling are different. A boundary is a rule you can keep, such as “I won’t let you drive the kids after drinking.” Enabling means covering for him, making excuses to his boss, or paying for what his drinking costs without saying so. Enabling shields him from consequences. Boundaries protect your family.
You are not responsible for his drinking, and you cannot control it. Looking after your own health, sleep, and support is a legitimate priority.
When Daily Drinking Needs Professional Treatment
Daily drinking needs a professional assessment when it causes medical problems, blackouts, withdrawal symptoms, or a serious incident at home. An assessment is the first step toward deciding what care fits.
Many families first encourage voluntary treatment. That can mean asking him to see a doctor or addiction provider and helping him book the first appointment. Some people accept help once the pattern is named clearly. Others refuse.
Refusal alone does not settle the question. Florida’s involuntary admission criteria say that mere refusal to receive services does not, by itself, show lack of judgment about the need for services. Florida law asks whether a person has lost the power of self-control with respect to substance abuse, and whether the person presents a risk of physical harm or has impaired judgment that prevents them from appreciating the need for care.
How Florida’s Marchman Act Can Help When Drinking Becomes an Emergency
Florida’s Marchman Act lets a petitioner file a petition for involuntary services for substance abuse impairment, and the petition must state the respondent’s name, the petitioner’s name, the relationship between them, the name of the respondent’s attorney if known, and the facts the petitioner presents showing the need for involuntary services for substance abuse impairment. A respondent’s spouse may file the petition, along with a legal guardian, a relative, a service provider, or an adult with direct knowledge of the impairment.
The petition must explain why the filer believes the person is impaired and has lost self-control. It must also state either the risk of physical harm or the reason the person’s judgment is too impaired to accept care. Fla. Stat. § 397.68141 If the person was not assessed, the petition must say so.
If your spouse’s substance use has made your household unstable, you may have questions about what the Marchman Act is and how it works. Flagler County Clerk of Court The Marchman Act does not promise any particular result. Each family’s facts differ, and the court decides each case on its own record. Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Take the Next Step Toward Stability for Your Family
The next step is a conversation about your family’s facts, and it doesn’t have to settle everything today. A focused legal talk can help you sort out which options fit your situation.
How to deal with a husband who drinks every day?
Start with safety for the children, then protect the money, then set boundaries you can keep. Each step builds on the one before it.
Can a spouse file a Marchman Act petition in Florida?
Yes. Florida law allows a respondent’s spouse to file a petition for an adult.
How long can a court treatment order last?
If you’re ready to talk about your husband’s drinking and your family’s safety, call Robinson Casey at (561) 849-4700 or contact us through our contact page. The firm offers a free first consultation, which is confidential and carries no obligation to continue. Richard J. Casey III, Esq. is responsible for this page.
How Robinson Casey Can Help
Safety First
We start by looking at immediate risks to your children and to you, and we talk through what protection may be needed.
Clear Paperwork
Marchman Act petitions and guardianship filings require careful preparation. Our team keeps the process organized from start to finish.
Practical Options
Every family's situation is different. We explain the paths available so you can decide what fits your circumstances.
Compassionate Guidance
Living with addiction at home is exhausting. We listen carefully and treat your family's concerns with respect and discretion.
If Anyone Is in Immediate Danger
If your husband is threatening violence or your family is in immediate danger, call 911 first. Your safety and your children's safety come before any legal step.
Steps to Take Now
1. Protect the Children
Make sure the children are safe at home, and keep a record of incidents that affect their wellbeing.
2. Protect the Money
Keep track of shared accounts, bills, and household finances so you understand where things stand.
3. Set Boundaries You Can Keep
Choose limits you can maintain consistently, so that your rules at home are clear and realistic.
4. Talk With a Florida Attorney
Robinson Casey can review your situation, explain the Marchman Act and guardianship options, and outline next steps.
Talk With Robinson Casey About Your Family's Situation
Related practice areas
- Marchman Act Attorney | Florida Involuntary Commitment for Addiction
- Marchman Act for Heroin Use in Florida: How Families Can Ask a Court for Treatment
- Marchman Act Attorney for Urgent Filings: How Quickly Can a Petition Be Filed in Florida?
- What Happens After a Marchman Act Treatment Order Ends in Florida?
