I have a question for the legal minds out there. Based on the data I have so far, I'm pretty sure my husband's OW works for him. My question - if she files and wins a sexual harrassment lawsuit (or someone else does due to hostile work environment), to what extent could I be held liable for damages (this is CA)?<P>The answer to this question might be the final straw to get me off my duff to file myself (or at least retain an attorney to address financial matters), so please be direct with your answers. I appreciate comments from anyone who might know. I really need to protect myself.

Distressed - I don't know what your situation is other than what you've posted on this thread. California is a community property state. IF you husband were found to be personally liable (as opposed to a judgment against only the business entity your h and ow work for) your marital property/community property could be at stake. This does not imply in any way that I have any reason to believe the facts would support a sexual harassment claim here. Is your H in a position of authority over the ow? If not, was the relationship consensual?<BR>This is not intended to be relied upon as legal advice. You should seek the advice of an attorney in your state who can review all of the relevant facts with you.<BR> Simone

Thanks Simone. I know the advice I get here isn't official, but I can use if for a pointer or to spur me to action.<P>Based on the information I have, my husband is either OW's direct superior or there's an intervening supervisor. They're top secret at his office.<P>They've been involved for more that a year. I'm sure it's consentual, but I figure she could use the relationship as basis for a lawsuit if things got ugly between them. She could argue that he promised her things in exchange for their sexual relationship, like pay increases, favorable performance reviews, or opportunities. I'm also fearful that other employees at the office could discover the relationship and make a hostile environment claim based on unfair treatment of her vs. them.<P>It's all very hypothetical, but there is a huge discrepancy between husband's wealth and position and her's. His earnings are probably 3x - 4x higher. He would seem like a ripe target to me.<P>We're separated 14 months and he's been "dating" her the entire time (and more). I have moved most of the assets out of the joint accounts into ones in my name only, but it's still community property (even if he can't get to it). We jointly hold title to our home but I make the payments and pay the taxes.<P>He's been threatening divorce for months but doesn't follow through. He's unremorseful. I don't think he'll divorce me, but I also think it's unlikely that he's coming back. He just avoids the entire issue. At this stage, I don't want him back without major changes and extensive counseling.<P>I know I'm being cautious in this question, but I don't want to get stuck holding the bag for this mess he's gotten into. It's bad enough to lose a spouse to adultery, listen to him say it's all my fault, refuse to accept my apologies, refuse to stop seeing the OW or go to counseling, dump all the household and child responsibilities on me, and ditch his children. Having to pay money damages for his adultery would be the final blow.<P>I think I should get a lawyer engaged to protect me, even if I don't file for divorce.

Distressed:<P>If your H's OW sues him for harassment, she's likely to sue the employer too. She'll want to sue the deepest pockets she can, and that would be his employer. A personal liability judgment is possible, but probably not likely, especially since liability is joint and several. If she won a decision against BOTH H and employer, her lawyer would probably try to collect against employer because it would be more likely to pay up faster.<P>That being said, don't discount the possibility of her trying to get cash from BOTH, especially if she's PO'ed at your H.<P>Simone is dead-on right when she says your community property could be at stake. OW can't take YOUR share of the property, but she could, theoretically, force a sale of your home and take your H's 1/2 interest in the proceeds of the sale to satisfy a judgment against him.<P>Keep in mind, however, that Title VII of the Civil Rights Act of 1964 (which is the federal law prohibiting sexual harassment) limits recovery of actual damages to $300,000.00. Only way she could get more is if she could prove that she had exemplary damages (that's willful and wanton behavior by the company - not likely) or if she can show that the employer's actions were SO bad that she should get PUNITIVE damages. Judges don't like punitive damages, and even when they are awarded, the judges tend to reduce the amounts significantly.<P>Oh, and OW could also get an award of attorney's fees (which could be another few hundred thousand dollars).<P>My point in telling you this is:<P>If she got a real high award of damages, she probably wouldn't bother sticking it to H because she'd want to collect the money. It would be MUCH harder to collect from H than from the employer. However, any judgment against your H would subject him to personal liability. It doesn't matter if OW gets $10,000 or $10,000,000, it still means that, <I><B>theoretically</B></I> you <I>could</I> be forced to sell your house, your cars, and any other community property so that OW could satisfy the judgment against H. You'd still get to keep your OWN share of the proceeds, but that's scant comfort when your nice home is taken away from you and all you have is a pile of money HALF the size it used to be.<P>My advice is to get a California lawyer to explain it to you and advise you. My info is only based on my knowledge of Federal Discrimination law. The State of California would probably have other rules to consider.<P><B>disclaimer:</B><BR><I>This information is not intended to be relied upon as legal advice. Nothing said above means to imply that an attorney-client relationship has been created. You should seek the advice of an attorney in your state who can review all of the relevant facts with you. If you rely on the advice above, you do so at your own risk.</I><P>------------------<BR>/// Lone Star * ///<p>[This message has been edited by Lone Star (edited November 19, 1999).]

Distressed,<BR> I'm not a lawyer or anything, but have you considered transferring some of your assets (not over $10,000/yr per child, due to gift tax) into your children's names, but arranging things so that you have authority over it? This might not protect all of your assets, but it might keep you from becoming bankrupt if your H should get sued.

Sweetpea:<P>That's not a bad idea, but she'd have to check California law. There could be a provision on "fraudulent conveyances" which could apply. If so, the OW could recapture the transferred money and Distressed could be subject to further penalties for violating the law.<P>Again, another reason to call a California lawyer who has expertise in this area.<P>------------------<BR>/// Lone Star * ///<P>

I can't thank you enough. This was great information. It tells me that I'd better retain an attorney to make sure my assets are protected. I'm also thinking it might be a good idea to get some personal liability insurance.<P>My kids have separate assets under UGMA that are quite sizable. I also have separate assets from inheritance. These actually represent additional concerns. If I should perish, my separate assets would go to my husband and the kids custodian would become my husband, who has never spent one minute managing our personal finances. I need to take care of these issues too.<P>Frankly, I think it's time for divorce. This is probably the final issue I needed to get me to go ahead and do it. I don't think my husband will ever file and at this point, I have too much to lose to continue on like this. Besides, it will probably make his day to get the papers from me (I can hear the sighs of relief already).<P>Thank you again. You have really helped me figure out some things.

Distressed -<BR>I am glad you posted this. Would you mind sharing what you learn from legal advice? I know my H's OW has already been informed by University of her right to file sexual harrassment against my H and she has refused so far - maintaining that relationship is consensual. But if he ever does get around to breaking it off, and she gets PO'd I guess I should be thinking about the potential risks ....<BR>Distressed, I can't say that it makes me happy to see you getting ready to divorce. But I do believe you know what is right for you and your family. You have hung in there so well and so long and your advice and sharing has meant a lot to me.<P>Thanks and keep me posted,<BR>Starpony<BR>

Hi, Lonestar,<BR> Yeah, you're right about Distressed checking to see about California law. I'm sure transferring assets to the kids could be considered to be "fraudulent conveyance", but wouldn't that apply only if Distress <B>knew</B> there was a lawsuit or about to be one? Right now, I get the impression that she is just concerned about the possibility.<BR> But, anyway, you're probably right, and California does seem to have rules, rules, and more rules! Glad I don't live there!!!

Starpony:<P>I scheduled an appt. with a nationally recognized expert attorney on financial matters (she's an author and public speaker). My consultation is on Dec. 6. Send me an e-mail at marketinglady@excite.com and I'll send you the gory details when I get them.<P>Thanks for the compliment too. I think we both can be proud of what we've done, regardless of how it turns out.

I filed for divorce in 1985, in CA. The community debt cut off date was retroactive to the date of separation. We had been separated 2 months before I filed. I was not liable for any debts after the date he left.<P>But I was liable for 1/2 of the debts incurred prior to separation.<P>Fixed Assets were frozen until a property settlement took place. <P>Don't know what CA laws are like now - in 1999. <P>