Vocational Assessments in Divorce

When one spouse is unemployed, caring for children and household needs, or is viewed as being ‘under-employed’, a vocational assessment can play an important role in determining fair child and/or spousal support.

Simply put, a vocational assessment is an expert evaluation of someone’s earning capacity or what they could reasonably earn based on their background, education, skills, and current job market conditions. The evaluator’s findings can then be used to establish “imputed income,” meaning the income a person is capable of earning, even if they’re not currently earning it.

Understanding how vocational assessments work, when to request one, or understanding that your spouse can request one for you, can help both spouses plan more effectively for their financial future.

For the Higher-Earning Spouse

If you’re the spouse who’s been the primary earner, you might worry that your support payments will be based on the unfair assumption that your former partner can’t contribute financially. A vocational assessment can bring clarity and objectivity to that question.

Pros:

• Objective evidence: A professional evaluator provides independent data on your spouse’s earning potential.
  
  
• Equitable support calculations: The court can base support on potential income, not just current (or nonexistent) income.
  
  
• Encourages self-sufficiency: The assessment can motivate your ex to reenter the workforce, reducing long-term dependency.
  
  
• Planning advantage: You can anticipate future support scenarios and budget accordingly.
  
  

Cons:

• Cost: You’ll likely pay for all or part of the assessment, especially if you’re the one requesting it.
  
  
• Delays: Scheduling and completing the evaluation can add time to your case.
  
  
• Uncertainty: The evaluator’s opinion is just one factor; the court may still rule differently.
  
  
• Potential conflict: Requesting an assessment can heighten tensions, especially if your ex feels undermined by the assessment.
  
  

For the Lower-Earning or Non-Working Spouse

If you’ve been out of the workforce because you have been raising children, managing the household, or supporting your spouse’s career, the idea of a vocational assessment can be unsettling. But it’s not necessarily bad news. A good evaluator will consider your entire picture, including your education, experience, health, age, and family responsibilities.

Pros:

• Clarity and direction: The report can highlight realistic career paths, training options, and earning potential.
  
  
• Empowerment: Understanding your marketable skills can support long-term independence and confidence.
  
  
• Transparency: A thorough evaluation ensures your financial capacity isn’t underestimated or exaggerated by guesswork.
  
  
• Negotiation tool: The report can be used to advocate for reasonable expectations around job reentry or retraining time.
  
  

Cons:

• Pressure to return to work: You may feel pushed to work before you’re ready, especially if caregiving duties or health issues are involved.
  
  
• Possible overestimation: Some reports may assume an earning potential that doesn’t reflect your real-world situation.
  
  
• Emotional stress: Being evaluated after years out of the workforce can feel uncomfortable or invasive.
  
  
• Financial impact: If the court imputes a higher income than you actually earn, it could reduce your support.

Plan Ahead 

Many divorcing couples don’t learn about vocational assessments until they’re deep into negotiations, and when it’s too late to plan around them. Whether you’re the higher earner or the lower earner, knowing that this tool exists early on can help you and your team (attorney, financial expert, or CDFA) propose support options that are fair and realistic.

A vocational assessment is about understanding capacity. For one spouse, it can mean ensuring financial fairness; for the other, it can be a first step toward rebuilding independence and a realistic career path.

Vocational assessments can be powerful tools in creating equitable financial outcomes, but they can also introduce complexity and emotion into an already complex and emotionally-charged process. With the right professional guidance and open communication, both parties can utilize the information as a roadmap toward achieving financial stability and balance after divorce.

Understanding how imputed income affects support can significantly impact your long-term financial planning. Our team helps clients evaluate how vocational assessments and potential income findings may influence their budgets and settlement options. Contact us to learn more about how we can support you through the financial side of divorce.