Question 37: Is it permissible for a wife to desert her drunken husband’s marital bed and refuse him when he wants her, as she cannot bear his drunkenness? Is she considered a sinner for refusing to sleep with him and is cursed by the angels until morning as stated in the Hadeeth?
Answer: If the reality is as you mentioned, she is not considered a sinner. She must advise him and if he performs Tawbah (repentance to Allaah), praise be to Allaah. However, if he refuses and persists in committing this evil, she may ask for Talaaq (divorce initiated by a husband) to escape this Munkar (that which is unacceptable or disapproved of by Islaamic law and Muslims of sound intellect). If he refuses to divorce her, she may refer the matter to the court... read more here.