How a Vocational (Employability) Evaluation contributes to a Divorce proceeding
An objective, well researched expert evaluation of either spouse helps to determine a financial support decision during or after the divorce proceeding, or to support mediation efforts.
During a divorce proceeding, one of the more 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 party's highest level of employability and earning capacity, a vocational expert's objective evaluation can be a significant factor in a financial settlement. A
vocational or employability expert's report uses recognized methodology to determine a party's vocational capacity, employment capability and imputed earnings in the current local labor market. This can help the parties agree to, or assist the court to determine, appropriate maintenance (duration and amount) and each party's contribution to child support.
Conducting a vocational evaluation early in the divorce process resolves questions about earning capacity. This accelerates the financial settlement and helps the parties to move ahead whether in litigation, mediation or collaborative divorce.
More couples are turning to a new form of alternative dispute resolution in divorce in order to avoid the pain and expense of litigation. They may choose to participate in mediation or enter a process known as collaborative divorce law, where attorneys negotiate, compromise and create a friendlier environment to resolve the issues in marital dissolution.
In matrimonial matters, consider an evaluation with an employability expert 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.
Click here for a few Examples of Employability (Vocational) Evaluation in Matrimonial Action
Ms. Wexler has evaluated and/or offered alternative occupations with labor market research and imputed income for individuals in some of the following occupations:
- unemployed ironworker
- free-lance veterinarian
- gynecologist nearing retirement
- non-practicing podiatrist
- non-practicing nurse whose license may or may not have expired
- dentist
- retail sales person
- fashion and advertising sales executives
- publishing executive
- marketing executive
- caterer
- freelance broadcast reporter
- dietician
- social worker
- vocalist
