My wife is employed by my company and works as an administrator. We have been talking about separating for ages and I have finally moved out of the house. The situation at work is awkward as I have met someone else and she works in the company. My wife only got the job because of our relationship, she isn’t very good at admin and I would prefer it if she left but she is showing no signs of handing her notice in and the situation at work is stressing my new partner out.

Areas of Expertise: 

Public Answer: 

As your wife is an employee of the company, she will have employment law claims as well as being able to start a financial application in the divorce court.
 
You should not take any action in relation to her employment without first speaking to an employment law solicitor. If you were to performance manage your wife out of her job or sack her or give her grounds for a constructive dismissal claim your wife could bring both employment law tribunal proceedings as well as a spousal maintenance claim as a result of her loss of income.
 
When a spouse is employed in a family business, it is usual to negotiate a financial settlement that includes a promise that the family financial court order settles both family law financial claims as well as any employment law claims. Normally, as part of the overall family financial settlement, your wife would resign from her job but without being able to bring any future separate employment law claims against the company.
 
It is very important that you do not do anything prematurely to enable your wife to bring an employment law claim and a claim for interim spousal maintenance. 
 
You do need family law advice on reaching a financial settlement with your wife. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
 
family law team OTS Solicitors  
 
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