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Marc Esq USA
Marc Esq USA, Lawyer
Category: Employment Law
Satisfied Customers: 332
Experience:  Experienced employment law attorney knows the law and provides customized answers and solutions that you can use.
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My husband put in a workplace discrimination claim with his

Customer Question

My husband put in a workplace discrimination claim with his past employer in April of 2017. We got separated around the beginning of May 2017. He will be going to court sometime soon or it could have possibly been sometime between May 1st and now. Does the fact that we are separated effect my getting any claims to his age discrimination claim or it this type of claim always separate money?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Has anything been filed or reported?
Customer: He filed a claim within the HR department of his former company and they had someone at the Gov't agency that he was being contracted to contact him and I believe that some type of date has been set for further action.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can you think of anything else that I need to ask to see if I would be entitled if we were to reconcilate or if we stay separated and the possible divorce date would be maybe Feb or March of 2018.
Submitted: 8 days ago.
Category: Employment Law
Expert:  Marc Esq USA replied 8 days ago.

Hello. My name is*****'m a licensed attorney, experienced in employment and family law, and I will be happy to assist you.

Before I go on, there's one thing I need to know. Are you also named as a plaintiff in the lawsuit?

Please let me know, and I'll get right back to you with some answers.

Thanks,

Marc

Customer: replied 8 days ago.
no
Expert:  Marc Esq USA replied 8 days ago.

Thanks. In this case, your rights to any settlement/judgment that results from his employment suit will be limited to the extent that it is part of the martial property.

Here's what I mean: In Virginia, all property acquired by a married couple after the official date of the marriage is considered "marital property," and thus subject to the laws of property division upon divorce. So, if your husband's case settles or if he is awarded damages following a trial, any money he receives will be part of your marital property IF he receives it while you're still married. It's important to note that the fact that you're separated does not diminish your entitlement to this money. You will not be entitled to any of it only if the settlement/judgment occurs after you are divorced.

Now, it sounds like this lawsuit started a few months ago, and you're expecting that you will probably divorce in Feb/March 2018. Based on this timeline, my experience tells me that you will be divorced well before this case ends. These types of cases can easily take 2 years - even when they settle, which they usually do. What this means is that you will probably not be entitled to any share of the outcome of his case. Sorry.

It sounds like there's hope of reconciliation? I hope so, and I wish you luck. But if things keep heading towards divorce, your attorney should try to secure for you a share of your husband's case proceeds. As explained above, under the law, your husband does not have to share it with you. However, there is no reason why the two of you cannot agree to split it. This can be negotiated by your attorney as part of the overall divorce settlement. Your attorney could, for instance, threaten to litigate the matter, and thus induce your husband to share. In this regard, it will be important for you to find a shrewd family lawyer who can aggressively advocate for you.

I'll stand by ready to answer any follow up questions you may have. Otherwise, I hope this helps! If so, please be sure to rate my answer, since that is the only way I can receive credit.

Kind regards,

Marc

Expert:  Marc Esq USA replied 4 days ago.

Hi. I haven't heard back from you. Please let me know if you have any further questions. Otherwise, please remember to rate my answer so I can receive credit for my work.

Thanks!

Marc

Expert:  Marc Esq USA replied 22 hours ago.

Hi. I haven't heard back from you. Please let me know if you have any further questions. Otherwise, please remember to rate my answer so I can receive credit for my work.

Thanks!

Marc

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