Divorce – A Social Worker’s Nightmare

The social work profession is truly noble, founded on service, integrity, and clinical expertise. However, it can also be stressful and even dangerous at times. The nation is grateful for what you do, and so are we. Thank you!

Why are divorce therapy lawsuits a nightmare for social workers? Because these lawsuits are among the most expensive to adjudicate. Other high-cost lawsuits stem from negligence claims, sexual misconduct claims, and wrongful death claims.

Divorce is a high-probability occurrence in today’s society. According to Modern Family Law (May 9, 2025), the divorce rate remains at 45% on average for first marriages. With nearly half of U.S. marriages ending in divorce, the odds are high that, as the attending social worker, you will eventually be exposed to divorce therapy—and possibly litigation. Allegations commonly include negligence, slander, breach of confidentiality, and malpractice. Even if your conduct is flawless, you may still be required to pay legal defense fees—about $10,000 initially—just to obtain a court dismissal.

On average, divorce occurs in the eighth year of marriage—plenty of time for children to be born, which complicates the breakup and heightens your liability exposure. The U.S. Census Bureau reports that single-parent households—often formed by divorce—are increasing, with 19 million children now living with a single parent (ibid.). This leads to more court involvement and social work action to protect the welfare of children caught in the middle.

Social workers play a vital role in managing family divorce issues—especially when children are involved. Providing guidance, emotional support, and connecting clients to healing resources are key in helping them cope with separation and divorce. Divorce brings grief, anger, anxiety, and retribution—frequent emotional challenges. (Source: AI internet literature search) Often, the social worker is blamed by one—or even both—parties, because the situation becomes a zero-sum game: one winner, one loser. And the loser often files a lawsuit. Cha-ching—an immediate $10,000 legal services fee, unless the social worker is insured by Preferra.

When children are involved, courts become child-focused—ruling on matters such as custody and visitation and often assigning tasks to the social worker. With children in the mix, liability risk exposure increases exponentially. Mediators and social workers help parents develop co-parenting plans with the child’s best interests as the priority. As a result, family dynamics and expert opinions on custody and visitation carry significant legal weight—including letters and reports from court-assigned social workers.

The division of property is always a frequent legal topic during divorce. But did you know that liability allegations against you as a social worker or marriage and family counselor are often more severe and costly? These claims hit the social worker directly—caught in the crossfire of a spousal dispute. Think of a junior high cafeteria food fight—only you’re the one being hit from both sides. Custody-related claims inevitably surface and expose the social worker to increased liability risk.

For example, one case involved a social worker assigned by a family court judge to supervise visitations. The father of the minor child disagreed with a status letter the social worker issued to the judge. He then demanded financial damages, claiming the social worker had breached neutrality, defamed him, committed professional misconduct, and favored the ex-wife. Although the social worker acted ethically and committed no malpractice, the legal defense required a $10,000 retainer—unrecoverable without comprehensive professional liability coverage.

When you compare professional liability insurance policies, you’ll notice that nearly all carriers exclude divorce-related lawsuit coverage—except for Preferra. Preferra offers indemnity up to the per-occurrence limit (at least $1,000,000, or more) and also pays all legal defense fees from the first dollar—without deducting from your indemnity limit.

Divorce and marital separation therapy is a tripwire for lawsuits. Even meritless claims require immediate and costly legal defense just to file a motion for dismissal. Social workers are judged against professional standards—a slippery and subjective topic. The question becomes whether your actions or inactions fell below the standard of care and caused harm to the client or child. Even if your duty was fulfilled, allegations of negligence, confidentiality breaches, or ethical violations can—and often will—still be filed. Again, you’re facing at least $10,000 in legal defense costs.

This point is so critical it bears repeating: