Earning Capacity Assessments for Divorce and Financial Remedy
Divorce Earning Capacity Expert Evidence
In financial remedy proceedings, the court must consider each party’s income and earning capacity, including any increase in earning capacity it would be reasonable to expect them to take steps to acquire (Matrimonial Causes Act 1973, section 25).
That raises practical questions. What roles could this person realistically secure? At what level of pay? How long would it take, and what might stand in the way?
Novo Executive Search provides independent earning capacity assessments for divorce and financial remedy cases. We are usually instructed by family law solicitors and barristers, acting for either party or as a single joint expert. Our view is grounded in day-to-day senior recruitment, not theory. This work sits within our wider expert witness services.
Matrimonial Earning Capacity Case Studies
Where We
Add Value.
Where We
Add Value.
Our matrimonial instructions often relate to:
• Earning capacity after redundancy, a career break or time away from work to raise a family
• Earning capacity after a period of self-employment, consultancy or interim management work
• Indicative remuneration for suitable roles, based on current market evidence
• Likely timescales to secure employment, and the barriers that may apply
• Whether claimed or assumed future earnings are realistic
Matrimonial and divorce proceedings are now one of the most frequent areas we are asked to advise on. The work draws on the same market knowledge we use when advising Boards on senior appointments.
Earning Capacity Reports for Financial Remedy Proceedings
A well-reasoned earning capacity report gives the parties, their advisers and the court an independent, evidence-based view of what is realistically achievable. It separates credible opportunities from assumptions based only on historic job titles or salary.
What Our Earning Capacity Reports Cover
- The types and seniority of roles realistically available
- Indicative remuneration for suitable positions
- Current opportunities and recruitment market conditions
- Likely timescales for obtaining employment
- Potential barriers to securing comparable positions
- Opportunities to rebuild earning capacity over time
Some advisers describe this as a spousal earning capacity assessment. Whatever the label, the aim is the same: a clear, balanced view that helps resolve questions such as spousal maintenance, needs and the timing of a clean break.
Matrimonial Earning Capacity Assessments
Every assessment starts with the individual: their qualifications, career history, transferable skills and circumstances.
Divorce Employability Assessments
We consider how employers are likely to view the individual today, including the effect of a career break, caring responsibilities, redundancy or a move into self-employment. Where health or caring questions arise, we take them into account and, where needed, work alongside the appropriate medical or other expert.
Employment Prospects and Future Earning Potential
We look at live opportunities, recruitment market conditions and published remuneration benchmarks to set out realistic routes back into work and how earnings might develop over time.
Expert Evidence for Financial Remedy Proceedings
Expert evidence in family proceedings needs the court’s permission under Part 25 of the Family Procedure Rules, and the court will only give it where the evidence is necessary to resolve the proceedings. Many earning capacity reports are also commissioned by agreement, to support negotiation, mediation or a private financial dispute resolution hearing.
Whichever route applies, our duty is to provide independent, objective evidence. We do not advocate for the party who instructs us. Where assumptions are unrealistic, we say so. Where prospects are strong, we explain why.
We are instructed by solicitors and barristers. If you are going through a divorce yourself, please ask your solicitor to contact us.
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Jon Hollier
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Dale Perrett
Founding Director
Dale is one of the Founding Directors of Novo Executive Search and Selection. He is part of the Novo leadership team that drives the business. He remains passionate about working...
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Jon Hollier
Founding Director
Jon is a Founding Director of Novo Executive Search & Selection. Beyond establishing and developing Novo, his extensive experience covers a wide range of disciplines across commercial and the third...
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Independence
First
Independence First
Our overriding duty is to the court. Reports for family proceedings are prepared in accordance with Part 25 of the Family Procedure Rules and Practice Direction 25B, with independence and objectivity at the centre of our approach.
We assess the evidence, apply genuine market insight, and provide clear reasoning for our conclusions. Both parties, and the court, are entitled to balanced opinion, not partisan argument.
Earning Capacity Assessment FAQs
What is an earning capacity assessment in divorce?
+Can the court consider what a spouse could earn, not just what they earn now?
+When is an earning capacity report needed in financial remedy proceedings?
+Can an earning capacity report be used in mediation or settlement discussions?
+Who instructs Novo for earning capacity assessments?
+How is earning capacity assessed after a career break or self-employment?
+How long does an earning capacity assessment take?
+Do you also act in employment disputes?
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