How a Vocational (Employability) Evaluation Contributes to a Divorce Proceeding
During a divorce, one of the difficult issues the husband and wife face is what income each party can expect after the divorce and what contribution each will make to living expenses and child support. When there is a question about a spouse’s level of employability and earning capacity, a vocational expert’s objective evaluation assists the parties and the court to determine, appropriate maintenance (duration and amount) and each party’s contribution to child support. This accelerates the financial settlement. Consult a vocational expert early in the process. She or he can advise you on obtaining supporting documentation and information that the attorney may overlook. The expert may suggest that a full evaluation may not add value to the case, saving time, expert fees and litigation costs. The courts look for the credibility in a vocational or employability expert’s report. They expect the expert to use recognized methodology to determine a party’s vocational capacity, employment capability and imputed earnings in the current local labor market.
Consider an Employability Expert’s Evaluation When a Party:
- Has been absent from the workforce for a significant time period (raising family, caregiver to another family member, long term unemployment)
- Is engaged in work that does not produce income (ongoing or recent development) or is recently unemployed or under-employed
- Claims that he/she has been unsuccessful finding employment with similar/reasonable earning capacity in current job market
- Seeks a modification in maintenance post-divorce
- Has skills and education that do not readily translate into a viable occupation or career by which income can be imputed
- Is recovering from or claiming a chronic illness or injury
- Requests training or education to enter a different career with better earning capacity
- Receives an economist’s evaluation of education, degree or professional license that may not reflect accurate earning capacity in current labor market
- Receives or will undergo a vocational evaluation by an expert retained by the adversary
- Is employed in a family or sole proprietor business and there are questions about how his/her skills and experience translate into employment and imputed earnings in the job market.
Many states provide for a professional vocational evaluation when parties request maintenance and contribution to child support. The court may also order such an assessment. If requested by a party, it is likely that a Court will require the party seeking spousal maintenance to cooperate with such an assessment.
