Divorce in the Work Place—Controlling the Release of Employment Records

Martial discord is a growing problem which adversely affects America’s workplace by taxing employee productivity and requiring employers to produce a vast array of employment information and records. In a national sample of men who had been married ten years or less, it was estimated that the work loss associated with marital problems cost employers approximately $6.8 billion per year. Unfortunately divorce is on the rise. In 1994, 4.6 of every 1,000 Americans divorced, with the number of divorced persons quadrupling from 4.3 million in 1970 to 18.3 million in 1996. 43 percent of first marriages end in separation or divorce within 15 years. In 2002 the Census Bureau projected that 50% of first marriages for men under age 45 would end in divorce, and between 44 and 52% of first marriages for women of comparable age would similarly terminate4. With all states reporting except California, Colorado, Indiana and Louisiana, it was reported that in 1998 approximately 1,894,768 persons finalized their divorce5. In 2000 that number increased to 1,914,400. It is understandable then that human resource managers are increasingly involved with lawyers and court proceedings as ever growing numbers of employees get divorced.

Marriage is factually and legally an economic partnership, the dissolution of which involves the distribution of property and the award of maintenance (alimony) and child support. Frequently, the resolution of these complex financial issues are complicated by the fact that one or both parties do not have sufficient information to evaluate his or her rights and do not trust the veracity of the information produced by the other spouse. In those situations, the formal discovery process, including the issuance of subpoenas, is available to compel the production of relevant documents and records which are not privileged. Rule 56.01 (b)(i)(2002).

Continue reading »