Divorce Attorneys, Employment Claim Division

Most employment claims occur individually. That is, the right is unique to each individual, and claims resulting from a violation of employment laws inure to the benefit of the individual as separate property. Pending claims owned by one spouse may nevertheless create sensitive issues during the dissolution of marriage. All divorce attorneys must consider the impact of dissolution upon employment claims.

How divorce attorneys resolve claims

Questions frequently arise over disputed employment claims claims involving multiple defendants (employers, supervisors, co-workers). Generally, the dissolution of marriage does not affect the liability of defendants, but may affect how potential damage awards are distributed between ex-spouses.

Loss of employment affects both spouses. Each spouse has a vested financial interest. Divorce attorneys routinely negotiate agreed settlements and division of proceeds between spouses, pertaining to sums that may be collected from employment claims for lost wages in the past. Damage claims which depend on upon third party liability (the defendants) should always be resolved between spouses in the final decree by setting forth the relationship, rights, entitlements and duties between spouses. Terms chosen in settlement agreements also greatly influence the classification of damages (separate or joint community property) and ultimately, all property issues between spouses. The attorney responsible for the employment claim must be consulted to insure recovery issues are properly resolved while the family law court maintains jurisdiction.