Spousal support disputes sometimes involve more than determining what each spouse currently earns. A question may also arise about 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, California law allows a party to request an examination of the other party by a qualified vocational training counselor. The resulting vocational evaluation can provide information about employment abilities and opportunities rather than relying only on assumptions about what someone should be able to earn.

What Does a Vocational Evaluation Examine?

A vocational evaluation focuses on a person’s ability to obtain employment.

The assessment can consider several factors, including the person’s:

• Age and health
• Education
• Marketable skills
• Employment history
• Current employment opportunities

The evaluation focuses on the person’s ability to obtain employment that would allow that person to maintain themselves at the marital standard of living.

This makes the evaluation different from simply reviewing a résumé or looking at someone’s previous salary.

Who Conducts the Evaluation?

The examination must be conducted by a vocational training counselor who satisfies California’s qualification requirements.

The source materials describe a qualified counselor as someone with sufficient knowledge, skill, experience, training, or education in areas such as interviewing, evaluating marketable skills, establishing career goals, planning training or education, and assessing the employment market.

The counselor can therefore examine both sides of the employment question: what the person is capable of doing and whether realistic employment opportunities exist.

That distinction can be particularly important when a spouse has been outside the workforce for many years.

How Is a Vocational Examination Requested?

When spousal support is at issue, a party may file a Request for Order asking that the other party submit to the examination.

The request must provide specific information concerning how the examination will occur.

The resulting order must specify matters such as the time, place, manner, conditions, and scope of the evaluation, as well as the person who will conduct it.

A vocational evaluation is therefore a formal part of the family law process rather than an informal opinion about someone’s employment prospects.

Why Can a Vocational Evaluation Matter?

Employment potential can become particularly significant in long-term support cases.

A person’s earning circumstances today may not necessarily reflect what that person could reasonably earn after obtaining employment, updating skills, or pursuing appropriate training.

A vocational evaluation can create a more evidence-based picture of those possibilities. Instead of simply arguing that a former spouse could work or could earn more, the evaluation can examine skills, experience, employment opportunities, and other circumstances relevant to the person’s ability to become more financially independent.