Spousal support disputes often involve more than determining what each spouse earns today. A major question can be whether a spouse who is unemployed or earning relatively little has the ability to obtain employment and become more financially self-supporting.

When spousal support is at issue, a California family court may order a spouse to participate in an examination by a qualified vocational training counselor. A vocational evaluation can provide evidence about employment ability, marketable skills, available jobs, and the realistic earning opportunities available to that spouse.

What Does a Vocational Evaluator Examine?

A vocational examination considers several factors affecting a person’s ability to obtain employment.

The assessment can examine the spouse’s age, health, education, marketable skills, and employment history. It also considers the current availability of employment opportunities.

The analysis is not limited to asking whether the spouse could theoretically obtain any job.

California directs the evaluation toward the person’s ability to obtain employment that would allow the spouse to maintain themselves at the marital standard of living.

This can make a vocational evaluation particularly useful when the spouses disagree substantially about realistic earning ability.

Who Can Perform a California Vocational Evaluation?

A vocational training counselor must have sufficient professional knowledge, skill, experience, training, or education to qualify as an expert.

Relevant expertise includes interviewing, evaluating marketable skills, administering and interpreting appropriate tests, developing career goals, planning training or education, and assessing employment markets.

California also establishes minimum qualifications for vocational training counselors who perform these examinations.

The goal is to obtain an informed assessment of employment potential rather than an unsupported estimate of what someone “should” be earning.

How Is a Vocational Examination Requested?

When spousal support is at issue, a party may file a Request for Order asking the court to require the other spouse to participate in a vocational examination.

The requested examination must be sufficiently specific.

The request and resulting order address matters such as the time, place, manner, conditions, and scope of the examination, along with the person who will conduct it.

Evidence about job searches can also become relevant, including applications, contacts with potential employers, networking efforts, and current résumés.

Vocational Evidence Can Affect California Spousal Support Decisions

A spouse’s earning ability can influence both the need for support and the amount of support that may be appropriate.

A vocational evaluation can help replace assumptions with evidence about actual qualifications, employment opportunities, and realistic earning potential.

For spouses disputing whether one party can return to work, increase earnings, or become more self-supporting, vocational evidence can become an important part of the California spousal support analysis.