Vocational Evaluations in Minnesota Divorces

What is a Vocational Evaluation?

Many Minnesota divorce cases involve the issue of spousal maintenance, or what in other states is known as alimony. Spousal maintenance is an issue where one spouse seeks continuing financial support from the other spouse, usually due to one spouse who is unable to earn as much as the other and has, through the marriage, relied on the higher earning spouse’s income to maintain their standard of living.

In most spousal maintenance cases, the ability of the lower earning spouse to earn is at issue. The payor spouse often will contest the payee spouse’s ability to earn income and will claim that the payee spouse should, in fact, be able to attain a greater income. On the other side, the payee spouse will usually claim that their earning potential is very low or non-existent due to a variety of factors, sometimes including health concerns or disability.

A vocational evaluation is an important tool to analyze the veracity of these claims and determine the actual earning ability of the party seeking spousal maintenance. In a vocational evaluation, the spouse who faces questions about their earning capacity will meet with a vocational expert who will evaluate a wide range of factors concerning the spouse’s ability to earn. The expert will usually review the work history of the subject, as well as their medical or other history that may play a role in determining earning potential.

The vocational expert will also research the party’s field of employment and view relevant positions that the spouse could qualify for, and the earning levels of others in the field. Once this evaluation and research is complete, the evaluator will draft a report and submit it to the parties. This report will encompass all of these areas, as well as the employment potential of the party undergoing the evaluation.

A vocational expert report can provide significant aid to a judge determining spousal maintenance issues, as it usually gives deeper insight into this issue than the parties’ testimony alone can provide. Additionally, a vocational evaluation can often assist the parties in settling the spousal maintenance claim, as it can give a more realistic perspective to both spouses as to what a proper amount of spousal maintenance may be.

If you are involved, or may become involved, in a Minnesota divorce, it is crucial to enlist the aid of divorce attorneys who will fight for your rights throughout your case. Minnesota divorce law, particularly in the area of spousal maintenance, can be complicated and potential dangerous for a party who is unfamiliar with Minnesota laws and court procedures on the subject. The divorce attorney John E. Roach is here to help and can guide you through the divorce process. Contact John now at 651-468-2103 or through our online submission form to set up your free divorce consultation.