What is a Vocational Examination?

Many times in divorce cases, we recommend that clients undergo a vocational examination, or the opposing counsel may request that a party submit to an independent vocational examination. What is a vocational examination, and what purpose does it serve?

A vocational examination is a process in which a professional trained and experienced in employment matters conducts a personal interview covering a person’s employment history, education, skills, training, and income information. The purpose is not to find employment for that person, but to assess their income-earning capacity. This is particularly useful when a person has been out of the job market for several years and it is unclear what type of work they are capable of performing or how much they could earn if employed.

The vocational expert prepares a written report offering opinions on suitable types of employment and the income those positions typically pay. This information allows income to be “imputed” to a person when there is a dispute over spousal maintenance and, in some cases, when there is a child support issue in shared or equal placement arrangements.

The personal interview typically takes several hours. The cost of the initial evaluation and written report generally ranges from $1,000 to $1,500. If the case proceeds to trial or a contested hearing and the vocational expert must testify, additional expert fees apply, often ranging from $500 to $1,500 for court testimony.

Courts find vocational examinations helpful when there is a dispute over spousal support (maintenance) and it cannot be determined through lay testimony what type of work the payee spouse can perform or how much income they could earn. The vocational expert provides opinion testimony based on factors such as job experience, education, skills, health, and income history, along with labor market data, to estimate potential earnings. Courts may rely on this testimony when issuing final orders on support or maintenance.

When representing a payor spouse in a maintenance case where the other spouse is unemployed, we often recommend paying for a vocational examination. When representing a payee spouse, we may also recommend a vocational assessment to better understand suitable employment options and realistic income expectations. This can be a valuable tool for clients who were financially dependent during the marriage and are now working toward greater self-sufficiency.

There are several companies in the Milwaukee area that conduct vocational assessments. Because these evaluations involve a significant expense, the decision should always be discussed between the attorney and client. If the opposing party requests a vocational examination and spousal support is at issue, the requesting party typically pays for the assessment, and cooperation may be required or compelled by court order.

If you have questions about maintenance or how a vocational examination may be useful in your divorce case, contact one of the attorneys at Karp & Iancu, S.C. to discuss your situation.