Using Vocational Experts in a Divorce

Often in divorces, a spouse’s earnings or their employability may be disputed in court. In those situations, a party may retain a vocational expert to provide an objective analysis. These experts can play a critical role in cases involving spousal maintenance, child support, or allegations of voluntary underemployment.

What Is a Vocational Expert?

A vocational expert is a professional trained to evaluate a person’s education, work history, skills, health, and labor market conditions to assess employability and earning capacity. In family law cases, vocational experts are often asked to determine whether a spouse is capable of working and, if so, what level of income they could reasonably earn.

When Vocational Experts Are Used in Washington Divorce Cases

Vocational experts are most commonly used when one spouse claims they cannot work or earns significantly less than they reasonably could. This frequently arises in cases involving long periods of unemployment, career changes, stay-at-home parenting arrangements, health claims, or disputes over spousal maintenance.

They are also used when a court must decide whether to impute income to a party for child support or maintenance purposes. If a judge finds that a party is voluntarily underemployed, income may be imputed based on the vocational expert’s findings rather than the person’s actual earnings.

How Vocational Experts Affect Child Support

In child support cases, Washington courts focus on each parent’s income or earning capacity. When a parent claims minimal income or unemployment, a vocational expert’s report may support or undermine that claim.

If the expert concludes that a parent could earn more based on their background and the job market, the court may impute income at that higher level. This can significantly change the child support calculation and future obligations.

How Vocational Experts Affect Spousal Maintenance

Vocational experts are also commonly used in spousal maintenance disputes. Their opinions can influence whether maintenance is awarded, how much is paid, and how long payments continue.

For example, an expert may determine how long it would reasonably take a spouse to become self-supporting through education, retraining, or re-entry into the workforce. Courts often rely on this analysis when setting maintenance duration.

What a Vocational Evaluation Involves

A vocational evaluation may include interviews, standardized testing, review of medical records, and labor market research. The evaluated spouse may be asked to provide résumés, employment records, and educational documentation.

The expert then prepares a written report summarizing findings and opinions. In contested cases, the expert may testify at deposition or trial.

Strategic Considerations Before Hiring a Vocational Expert

Not every divorce case requires a vocational expert. These evaluations can be expensive and are typically reserved for cases where income disputes materially affect support outcomes.

Before hiring an expert, it is important to consider whether the likely impact on child support or maintenance justifies the cost and whether other evidence may address the issue adequately.

Final Thoughts
Vocational experts can be powerful tools in Washington divorce cases involving income disputes, underemployment claims, or long-term support issues. When used appropriately, their analysis helps courts reach fair and informed decisions based on earning capacity rather than speculation.

At Magnuson Lowell, P.S., we regularly work with vocational experts in complex family law cases. We offer free telephone case evaluations to help you determine whether a vocational evaluation may be useful in your divorce or support matter.