While much of Wolstein’s work centers on catastrophic injuries and high-value personal injury claims, his expertise is increasingly in demand in matrimonial law. This is a realm where careers, earning capacity, and future financial independence are often on the line.
“Divorce cases tend to be emotionally charged, and that can complicate the process of objectively assessing each party’s ability to work or earn money,” says Wolstein. “That’s where we come in—to provide a clear, neutral, evidence-based evaluation that the court can rely on.”
With this approach, Kincaid Wolstein has carved out a growing niche in forensic vocational evaluations for divorce proceedings. Attorneys handling complex matrimonial cases—especially those involving high-net-worth individuals, contested spousal support, or long absences from the workforce—turn to the firm for clarity.
“We assess earning capacity, transferable skills, the local labor market, and realistic job options,” Wolstein explains. “In some cases, one party may have put their career on hold to raise children or support their spouse. We look at what they’re actually capable of earning now, not just what they earned 15 years ago.”
These evaluations are especially vital in alimony and spousal support determinations, where courts need an impartial expert to weigh in on a spouse’s true vocational potential. The firm’s reports detail short- and long-term employability prospects, educational history, work experience, and any limitations—whether medical, psychological or practical—that may influence future income.
In one case, Wolstein recalls, a former executive had left the workforce for nearly a decade to manage domestic duties while their spouse built a thriving business. “There was a dispute about whether this person could just ‘go back to work’ at their old salary,” he says. “But our analysis showed how much the landscape had changed, both in terms of available jobs and skill-set deterioration. The court used that information in their decision-making process.”
In another case, a divorcing spouse with chronic health issues claimed to be rendered completely unemployable, while the opposing party argued they were voluntarily underemployed. Wolstein’s team conducted a full employability assessment, reviewed medical records, and outlined a range of sedentary roles that could match the individual’s limitations—providing the judge with a realistic framework to base support payments.
“There’s a delicate balance in these situations,” he says. “You want to be thorough and compassionate, but also objective. That’s our job.”
Wolstein emphasizes that matrimonial evaluations often require a different tone and tact than personal injury cases.
“Injury cases are about what someone lost due to an external event,” he says. “Divorce cases, on the other hand, are more about potential and planning — how to ensure both parties can move forward with financial dignity.”
Attorneys appreciate how Kincaid Wolstein’s team delivers these evaluations with both clinical accuracy and courtroom credibility. In an arena where financial stakes are high and emotions often higher, a clear-headed vocational expert can help bridge the gap between legal theory and lived reality.
“At the end of the day,” says Wolstein, “our role is to help the court make informed decisions. Whether it’s a spinal injury or a divorce after 25 years of marriage, we’re there to offer objectivity through data—and always with empathy.”
