Retaining an Expert for Matrimonial Cases

Matrimonial vocational expert retention supports earning capacity imputation for support purposes. The analysis reconstructs earning capacity from education, training, and work history, with a realistic re-entry timeline where applicable.

Checklist

  1. Identify whether imputation is at issue (voluntary underemployment, career interruption)
  2. Obtain educational records, employment history, and any current earnings
  3. Retain vocational expert with matrimonial experience in the jurisdiction
  4. Scope any labor market survey to the relevant geographic area
  5. Plan for deposition and potentially trial testimony

Questions to ask the expert

  • Have you testified in this state's family court?
  • How do you handle career interruption and re-entry timelines?
  • What labor market data supports your earning capacity opinion?

Timeline

Reports are typically 30 to 60 days from receipt of complete records.

Required documents

  • Educational records
  • Employment history and wage records
  • Current earnings documentation
  • Any prior vocational testing

Common pitfalls

  • Applying personal-injury methodology unchanged to matrimonial context
  • Ignoring re-entry timelines for long career gaps

Frequently Asked Questions

Are matrimonial vocational opinions different from personal injury opinions?

Methodology is similar; application differs. Matrimonial focuses on prospective earning capacity for support; personal injury focuses on effect of injury on earning capacity.

References

  1. BLS OESGovernment

Ready to Get Started on matrimonial cases?

Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.