How Vocational Evaluations Can Influence Divorce Settlements and Spousal Support

Divorce is never easy emotionally, financially, or legally. When couples separate, one of the most complicated parts of the process involves determining spousal support, also known as alimony. Courts must decide how much one spouse should pay the other, and for how long.

To make these decisions fair, judges often rely on something called a vocational evaluation. This professional assessment helps determine a person’s ability to work and earn income after a divorce.

In this article, we’ll break down what vocational evaluations are, why they matter in divorce settlements, and how they can influence spousal support decisions in the U.S.

What Is a Vocational Evaluation?

A vocational evaluation is an expert analysis of someone’s ability to work. It looks at their education, skills, work experience, health, and local job market to estimate their potential earning capacity.

For example, if one spouse has been out of the workforce for several years to raise children, a vocational evaluator can assess what jobs they could realistically get today, what training they might need, and how much income they could earn.

These evaluations are often performed by vocational experts, such as the professionals at Occupational Assessment Services (OAS), who specialize in analyzing employability and earning potential for court cases.

Why Vocational Evaluations Matter in Divorce

When a couple divorces, courts aim to ensure that both parties can live reasonably well based on their financial abilities. However, not everyone earns the same amount or has the same ability to earn.

Here’s why vocational evaluations play a key role:

1. Determining Spousal Support (Alimony): The amount of spousal support often depends on how much one spouse can earn versus the other. A vocational evaluation provides solid data on earning potential, which helps the court set a fair amount.
   
   
2. Avoiding Unfair Payments: Without a vocational evaluation, one spouse might claim they can’t work or can only earn a small income. The evaluation helps ensure that neither spouse underreports nor overstates their earning ability.
   
   
3. Encouraging Workforce Re-Entry: Vocational evaluations can help a stay-at-home parent or long-term homemaker understand what careers they might pursue and what retraining could help them rejoin the workforce.
   
   
4. Supporting Child Support Calculations: Since child support is often based on both parents’ incomes, knowing each person’s earning potential ensures children receive adequate financial support.
   

How a Vocational Evaluation Works

The vocational evaluation process usually includes several steps:

1. Interview and Background Review: The evaluator gathers information about the person’s work history, education, age, and health conditions.
   
   
2. Skills and Interest Testing: Tests may be used to assess current skills, aptitudes, and interests to identify suitable careers.
   
   
3. Labor Market Analysis: The evaluator reviews job openings, wage data, and employment trends in the person’s local area or region.
   
   
4. Report Preparation: A detailed report is written, summarizing the findings and providing a professional opinion on the individual’s earning capacity and job prospects.
   
   

This report becomes vital evidence in court, helping judges make informed decisions about alimony and financial settlements.

Vocational Evaluations and Spousal Support

Spousal support (or alimony) is meant to ensure that both partners can maintain a fair standard of living after a divorce. Courts consider various factors when deciding the amount and duration of support, including:

• The length of the marriage
  
  
• Each spouse’s age and health
  
  
• The standard of living during the marriage
  
  
• The income and earning potential of both spouses
  
  

When one spouse hasn’t worked in years or has limited work experience, a vocational evaluation provides the missing piece of the puzzle, earning potential.

Example:

If one spouse, Alex, stayed home to care for children while Jordan worked full-time, Alex might request spousal support. The court would order a vocational evaluation to determine how much Alex could realistically earn if they re-entered the job market.

If the evaluation finds that Alex could earn $40,000 per year after a few months of retraining, the court may use that information to calculate a fair spousal support amount rather than assuming Alex has no income.

When Courts Order a Vocational Evaluation

A court may order a vocational evaluation when:

• One spouse claims they cannot work or earn income.
  
  
• A spouse is underemployed (working below their potential).
  
  
• There’s a dispute over how much alimony should be paid.
  
  
• Child support calculations require accurate income data.
  
  

Judges often rely on vocational experts like those from OAS (Occupational Assessment Services) to provide objective, evidence-based reports that stand up in court.

Benefits of a Vocational Evaluation for Both Parties

A vocational evaluation is not just for one side; it benefits both spouses by ensuring fairness and transparency.

For the paying spouse:

• Prevents inflated support payments based on underestimated earning potential.
  
  
• Provides objective evidence to counter unsupported claims of unemployment.
  
  

For the receiving spouse:

• Helps identify realistic career paths and training opportunities.
  
  
• Demonstrates willingness to become financially independent.
  
  

For the court:

• Offers professional, unbiased data for making informed financial rulings.
  

Why Choose OAS for Vocational Evaluations

For over 40 years, Occupational Assessment Services (OAS) has been a trusted leader in providing vocational evaluations for divorce, personal injury, and employment cases across the United States.

Here’s why family law attorneys and courts rely on OAS:

• Certified Experts: Our vocational evaluators are nationally recognized and court-qualified.
  
  
• Comprehensive Reports: OAS provides clear, detailed reports backed by data and research.
  
  
• Experience with Complex Cases: From high-net-worth divorces to long-term homemakers, OAS handles a wide range of cases.
  
  
• Nationwide Availability: OAS serves clients in all 50 states, offering in-person and remote evaluations.
  
  

By using OAS, clients and attorneys can ensure that vocational assessments are credible, reliable, and designed to stand up to legal scrutiny.

Common Misconceptions About Vocational Evaluations

Myth 1: “Only unemployed people need a vocational evaluation.”

Fact: Even employed individuals may be evaluated if the court questions whether they’re earning below their potential.

Myth 2: “Vocational evaluations are biased.”

Fact: Professional evaluators like OAS are neutral experts who provide factual, research-based opinions not personal judgments.

Myth 3: “The evaluation decides how much support I’ll receive.”

Fact: The evaluation only provides data; the judge makes the final decision based on all financial evidence.

Final Thoughts

A vocational evaluation can make all the difference in ensuring a fair divorce settlement and accurate spousal support calculation. It provides courts with objective data about each spouse’s earning potential, helping both parties move forward on equal financial footing.

If you’re going through a divorce and need a vocational evaluation from a trusted expert, contact Occupational Assessment Services (OAS) today for professional, nationwide assistance.

Need expert vocational evaluation services for your divorce or spousal support case? Contact OAS today for a fair and court-ready assessment.

FAQs about Vocational Evaluations' Impact on Divorce Settlements