High-asset divorces bring a unique set of challenges, especially when one spouse has spent years out of the workforce or is now claiming a significantly reduced ability to earn income. Whether you’re the higher-earning spouse or the one who stepped back from a career to raise children or manage a household, a vocational evaluation can become a pivotal component of your financial outcome.
In high-net-worth cases, the stakes are higher, and courts are particularly attentive to whether support requests—or resistance to those requests—are backed by credible evidence. A vocational evaluation provides that evidence. It helps the court determine a spouse’s earning capacity, which can significantly influence spousal support (alimony), child support, and even asset division.
As a Tampa divorce lawyer who regularly handles high-asset cases, I can tell you that vocational evaluations often make or break financial negotiations. This article explains why, when, and how these evaluations are used—and how you can prepare to protect your financial future.
What Is a Vocational Evaluation?
A vocational evaluation is an expert assessment of a person’s ability to work and earn income. Conducted by a vocational expert, the evaluation analyzes the individual’s:
- Education and training
- Past employment history
- Skills and certifications
- Work experience and industry relevance
- Physical and mental health status
- Local job market in the Tampa area
- Realistic job opportunities and potential earnings
The evaluator produces a report estimating the person’s earning capacity and may also testify in court. The court can use this information to determine how much alimony or child support is appropriate—and whether to impute income to a spouse who is voluntarily unemployed or underemployed.
In high-asset divorces, where large amounts of support may be at stake, the findings of a vocational evaluation can have a profound financial impact.
Why Vocational Evaluations Are Especially Important in High-Asset Divorces
In a typical divorce, courts must determine whether one spouse should provide financial support to the other—and how much. In a high-asset divorce, this becomes more complicated for several reasons:
- The disparity in income between spouses is often significant.
- One spouse may have paused or abandoned a lucrative career to support the family.
- The standard of living during the marriage may be unusually high.
- One party may try to avoid support obligations by minimizing their reported income.
- There may be complex assets and passive income streams that obscure actual earning capacity.
A vocational evaluation cuts through these issues by focusing on a spouse’s capacity to earn—not just what they are currently earning. For example, if your spouse is trained as a physician but now works part-time as a consultant, the court may consider whether they’re underutilizing their skills and earning less than they could. The vocational expert’s analysis can provide an impartial, data-driven perspective that helps the court arrive at a fair outcome.
As a Tampa divorce lawyer experienced in high-asset litigation, I often recommend vocational evaluations when:
- A spouse is seeking substantial alimony but has made no effort to reenter the workforce.
- A spouse is claiming limited earning capacity without medical justification.
- There is a dispute over a spouse’s ability to become self-supporting post-divorce.
- The paying spouse believes the other party is capable of contributing more financially than claimed.
Common Scenarios in High-Asset Divorces That Call for Vocational Evaluations
1. Stay-at-Home Spouses or Parents
One of the most common situations in high-net-worth divorces involves a spouse who has been out of the workforce for an extended period. During the marriage, they may have managed the household or cared for children full-time, relying entirely on the other spouse’s income. Now, as the marriage dissolves, the question arises: Should the working spouse continue to support the other at the same level—and for how long?
A vocational evaluation helps answer that question by analyzing whether the stay-at-home spouse:
- Has transferable skills from prior employment
- Needs retraining or education to reenter the workforce
- Is capable of full-time or part-time employment
- Could reasonably achieve financial independence in the future
This information allows the court to tailor alimony awards to reflect both the economic realities and the supported spouse’s long-term potential.
2. Deliberate Underemployment
In high-asset cases, one party may attempt to manipulate support calculations by working fewer hours, accepting a lower-paying job, or reporting reduced self-employment income. This tactic is particularly common among business owners or professionals who can control their income streams.
A vocational expert can analyze whether the underemployment is legitimate or strategic. By evaluating the person’s credentials, marketable skills, and available job opportunities, the expert can offer an opinion on what they should be earning. If the court agrees, it may impute that income—assigning a higher earning capacity than what the person currently claims.
3. Claims of Disability or Inability to Work
Sometimes, a spouse in a high-asset divorce will assert they are unable to work due to physical or mental health issues. While some claims are valid, others are exaggerated or unsupported. A vocational evaluator can examine:
- Whether the spouse has any work capacity given their condition
- What accommodations (if any) are needed
- What types of jobs may be suitable
- Whether their medical condition truly prevents meaningful employment
The evaluator may coordinate with medical professionals or request documentation to substantiate the claimed limitations. If the claim is found to lack merit, the evaluator’s report may dramatically reduce the support owed.
4. High-Earning Spouse Trying to Minimize Support
On the flip side, a high-earning spouse may attempt to minimize alimony or child support obligations by arguing that the other spouse can support themselves. If this claim isn’t backed by evidence, the court may not accept it. A vocational evaluation provides the proof needed to support or refute these arguments.
A Tampa divorce lawyer can help determine whether requesting a vocational evaluation makes strategic sense in your case—and whether it’s better to initiate one proactively or wait for the other party to request it.
The Vocational Evaluation Process in Detail
When a vocational evaluation is ordered or agreed upon, here’s what typically happens:
Step 1: Selection of the Vocational Expert
Your Tampa divorce lawyer will help select an experienced and credentialed vocational expert who understands Florida family law and is familiar with the Tampa Bay job market. The expert must be neutral and able to withstand scrutiny in court.
Step 2: Data Collection and Background Review
The expert collects relevant documentation, including:
- Resume and work history
- Educational credentials
- Certifications and licenses
- Tax returns and pay stubs
- Job applications and interview records
- Medical records, if relevant
This information helps the evaluator build a profile of the spouse’s qualifications, limitations, and career trajectory.
Step 3: In-Person Interview and Assessment
The spouse being evaluated will participate in one or more interviews where the expert assesses:
- Verbal responses to work-related questions
- Motivation and readiness to work
- Clarity about career goals
- Barriers to employment (e.g., childcare, transportation)
- Attitude and professionalism
Standardized assessments may also be administered to evaluate aptitude, interests, and personality traits relevant to employability.
Step 4: Labor Market Research
The evaluator studies current job openings, industry trends, and salary ranges in the Tampa region to identify realistic opportunities that match the spouse’s background and skills.
Step 5: Report Preparation
The expert prepares a detailed report that includes:
- Analysis of the spouse’s employability
- Potential jobs and associated salaries
- Training or education needed (if applicable)
- Estimated timeline for reemployment
- Imputed income amount
This report is submitted to the court and may be used in depositions, settlement negotiations, or trial.
The Role of the Court
In Florida, the court is not required to follow a vocational expert’s findings blindly, but the report often carries significant weight—particularly when it is thorough, well-documented, and prepared by a respected expert.
When a vocational evaluation is part of a high-asset divorce, the judge may use it to:
- Determine how much alimony should be paid—and for how long
- Decide whether income should be imputed to one party
- Assess whether one spouse has made a good-faith effort to become self-supporting
- Balance financial contributions in child support calculations
Your Tampa divorce lawyer will use the evaluation strategically—either to support your request for support or to challenge inflated claims of need or reduced earning capacity.
How to Prepare for a Vocational Evaluation
If you’re the spouse being evaluated, preparation is essential. Here are some tips:
- Be truthful: Do not exaggerate your limitations or downplay your experience. The evaluator is trained to spot inconsistencies.
- Bring documentation: Include records of your education, training, employment history, and any efforts you’ve made to find work.
- Be professional: Treat the evaluation like a job interview. Your demeanor will be observed and noted.
- Disclose barriers: If you have caregiving duties, health issues, or logistical challenges, explain them clearly and provide proof.
- Avoid defensive or evasive behavior: If you resist the process, the evaluator may conclude you’re unwilling to work, which could be used against you in court.
Your Tampa divorce lawyer can walk you through the process and help you present yourself accurately and confidently.
Protecting Yourself from Unfair Findings
What if the vocational evaluation overstates your abilities or ignores your limitations? Your lawyer can challenge the findings by:
- Cross-examining the expert at trial
- Presenting rebuttal evidence (medical records, job rejections, etc.)
- Hiring a second vocational expert for an independent evaluation
- Arguing that the job opportunities cited are unrealistic or unavailable
- Demonstrating a good-faith effort to find employment
Vocational evaluations are influential—but not final. A skilled Tampa divorce lawyer knows how to challenge biased or flawed findings to ensure a fair result.
Frequently Asked Questions
Can I refuse to participate in a vocational evaluation?
If the court orders it, refusing to participate could result in the judge imputing income to you anyway—possibly at an unfavorable level. It’s better to participate and work with your attorney to ensure the evaluation is fair.
Will the court force me to get a job if I haven’t worked in years?
Not necessarily. But if the court finds you have the capacity to earn, it may award lower alimony or shorter duration support based on your potential—not just your current earnings.
What if I’ve been a stay-at-home parent for most of the marriage?
The court will consider your role during the marriage, but it will also look at your ability to become self-supporting. A vocational evaluation will help the court determine what that path realistically looks like.
Can the evaluation be used to reduce the alimony I receive?
Yes. If the evaluator finds that you can earn more than you claim, the court may reduce the support awarded. That’s why it’s essential to present your situation accurately.
Can the high-earning spouse be evaluated too?
Yes, especially if they are self-employed or claiming a sudden drop in income. A vocational expert can evaluate their earnings potential just as they would for the lower-earning spouse.
Is the evaluation confidential?
No. The report can be submitted to the court and may become part of the public record unless sealed. It can also be reviewed by the opposing party.
How long does the process take?
A full evaluation and report usually take a few weeks. Complex cases or delays in document production can extend the timeline.
What if I disagree with the report?
You can dispute it in court, offer rebuttal evidence, or hire a competing expert to challenge its conclusions. Your Tampa divorce lawyer will guide you through the appropriate response.
Do vocational evaluators consider age or retirement plans?
Yes. If you are near retirement age or have legitimate reasons for winding down your career, these factors will be weighed in the evaluation.
How much does a vocational evaluation cost, and who pays for it?
Costs vary, but in high-asset cases, vocational evaluations can be several thousand dollars. Sometimes the court orders one party to pay, or the cost is split. Your lawyer can argue for a fair arrangement.
Vocational evaluations are powerful tools in high-asset divorce litigation. Whether you’re the supporting spouse or the one seeking support, a vocational expert’s findings can influence how much you pay—or receive—for years to come. These evaluations expose attempts to hide behind outdated résumés or fabricated limitations, but they can also protect those who truly need financial support after a long absence from the workforce.
At The McKinney Law Group, we know how to leverage vocational evaluations to protect your financial future. As trusted Tampa divorce lawyers, we work with respected experts, prepare our clients thoroughly, and challenge biased findings when necessary. If your high-asset divorce involves questions of employability or earning capacity, don’t navigate it alone. Contact our team today to make sure your future is based on facts—not fiction.
The McKinney Law Group: Tampa Divorce Lawyers Who Prioritize Fairness and Family Stability
At The McKinney Law Group, we know that a successful divorce isn’t just about the paperwork—it’s about preserving your dignity and protecting your family. We help Tampa clients find fair, lasting solutions to difficult issues through skilled negotiation and legal experience.
We assist with:
✔ Creating balanced property and debt division agreements
✔ Developing cooperative parenting plans and schedules
✔ Negotiating spousal support with long-term stability in mind
✔ Reducing conflict through mediation where possible
✔ Providing courtroom representation when needed
We’ll help you find the best possible resolution—and the peace to move forward.
Call 813-428-3400 or email [email protected] to schedule your consultation.