The Role of a Vocational Expert in the Divorce Process

Divorce can be very tough. Not only are you parting with your significant other and processing some heavy emotions, but the question of alimony will inevitably come up. 

No two divorce proceedings are the same, yet, those that go down smoothly are a rare sight.

To ensure everyone plays by the rules and that the judge’s decision is fair for both parties, vocational evaluation divorce often comes into play.

No matter which side you’re on, you can still benefit from a vocational evaluation divorce expert. Here’s a breakdown of their role in a divorce hearing and how hiring your own can benefit you.

Vocational evaluation explained

If you’re wondering why vocational evaluation divorce is so important, you only need to look at the background of these professionals. Vocational experts have the education and knowledge to accurately assess the ability of a person to work. This includes the qualifications, skills, and current employment opportunities in the area. 

An integral part of the vocational evaluation divorce is also concluding if additional education or training might improve one of the spouse's abilities to find employment. 

Since earning capacity of the parties is a key factor in determining the amount of alimony or child support, vocational experts are an essential part of the process.

The procedure employed in the vocational evaluation divorce is not simple as the expert will conduct an in-depth analysis to determine the true earning capacity of the spouse. For instance, they will take a look at the individual’s age, education and work experience, relevant job history, physical and mental health and capabilities, as well as vocational interests.

These factors help form a clear vocational picture of the spouse as they may limit or increase their chances of finding employment. Lastly, a vocational expert will examine the current job market. 

All of this information might be requested by the court, yourself, or the opposing party. 

Unique challenges of divorce proceedings

This is an emotional period for everyone involved. When you combine high stakes with a general misunderstanding of the legal system, the results are nothing short of full-on drama. Both spouses sometimes let their resentment boil to the surface and try to force those feelings into the case itself.

In the end, what you may end up with is an unrealistic portrayal of the previous relationship, where too much time is wasted on insignificant things. In some instances, earning capacity, which is important, might get lost in all the commotion.

On top of that, one of the spouses might request alimony that is outside of the realistic possibilities of the other party. Even worse, an educated spouse with a lot of work experience may avoid finding employment. 

We’ve also witnessed a spouse choosing to remain underemployed to minimize the alimony. 

To prevent these manipulations from materializing completely, any of the parties can request a vocational evaluation divorce. Even though the judge may not follow the opinion of the vocational expert, their testimony and recommendations are one of the best ways to cut through the noise.

Why you should hire a vocational expert

If you’re going through a divorce, here’s how hiring a vocational expert can help you:

To ensure settlements are fairly calculated

An expert’s opinion is crucial to make sure that settlements aren’t dictated by assumptions from the spouses but rather come from solid evidence. 

For instance, a husband may claim that his wife is capable of earning a hefty income just because she has a degree. In reality, this might not present the full story as the wife may have been out of the workforce for over a decade as she was taking care of the children. 

With a vocational evaluation divorce, it’s possible to bring this fact to the forefront and make certain the alimony amount is fair for the parties involved.

As a bonus, the spouse who’s been unemployed can also benefit from knowing about their actual earning potential when they re-enter the job market. For instance, maybe a degree that meant something 15 years ago doesn’t have many job opportunities today, so the spouse can find out if they need any additional training to become more relevant when job scouting. 

To obtain an overview of the spouse’s real earning potential

It’s not uncommon to see a spouse with a higher income attempt to bring down any alimony obligations by claiming they have a lower income. For example, a business owner might claim that the economy isn’t very good and they don’t earn as much as they used to. Alternatively, they may take a lower-paying job during the divorce to achieve the same results. 

With a vocational evaluation divorce, you can ensure that strategies like this don’t take any footing in the court of law. Even if the higher-earning spouse isn’t being devious to avoid paying, a vocational assessment can provide the judge with more information on the future earning prospects of the spouse and when they will rebound from the economic perils they’re going through.

To provide a second opinion to the court

If the court orders a vocational evaluation or your spouse requests it, your projected earning potential will usually play a part in the alimony you are going to receive or be required to pay. Let’s say that you are a lower-earning spouse. The alimony that your ex-partner will be required to pay will be reduced by the amount projected in the evaluation.

For instance, if you have the necessary qualifications to earn $60k a year but you’re working a lower-paying job, the alimony payment will be based on your projected income rather than the actual income.

Since the opinion of the vocational expert only plays a part in the final settlement, you may also hire a vocational expert on your own to perform another vocational evaluation and offer a second opinion to the court.

Making the most out of vocational evaluation divorce

A vocational expert's services aren’t limited only to lower-earning spouses as the ones who make more money can benefit from an expert opinion, especially as the lower-earning spouse might try to receive the highest alimony possible.

If you don’t agree with what’s being presented in court, another opinion might be necessary to present all evidence so the judge can make the fairest decision.

Whatever the circumstances may be, having an expert in your corner can never hurt as your future financial situation depends on it.