Alimony and Spousal Support in Vermont
How Vermont decides spousal support (alimony), the factors courts weigh, and how marital property is divided.
Short answer: The court may order rehabilitative or long-term maintenance if the spouse seeking it lacks enough income or property to meet reasonable needs and cannot support themselves at the marital standard of living, or is the custodian of a child of the parties. 15 V.S.A. § 752
| Alimony (spousal support) | The court may order rehabilitative or long-term maintenance if the spouse seeking it lacks enough income or property to meet reasonable needs and cannot support themselves at the marital standard of living, or is the custodian of a child of the parties. The court considers financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, the paying spouse's ability to pay, inflation, retirement, and statutory guidelines. The guidelines suggest, by length of marriage: under 5 years, 0–16% of the difference in gross incomes for up to one year or none; 5 to under 10 years, 12–29% for 20–50% of the marriage length; 10 to under 15 years, 16–33% for 40–60%; 15 to under 20 years, 20–37% for 40–70%; 20+ years, 24–41% for 45% (9–20+ years). Source: 15 V.S.A. § 752 |
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| Dividing property | Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. Factors include the length of the marriage, age and health, income and employability, contributions to the other's education or earning power, whether the division is in place of or in addition to maintenance, future opportunities to acquire assets, the family home for the custodial parent, the party through whom the property was acquired, each spouse's contributions (including as a homemaker), and the respective merits of the parties. An inheritance that has not yet vested is not part of the marital estate. Source: 15 V.S.A. § 751 |
Where to get help in Vermont
More Vermont divorce & family law
- Getting a Marriage License in Vermont
- Adopting a Child in Vermont
- Guardianship of a Child or Adult in Vermont
- Establishing Paternity in Vermont
- Changing Your Name in Vermont
- Child Custody Laws in Vermont
- How Child Support Is Calculated in Vermont
- Divorce Records in Vermont
- How to File for Divorce in Vermont
- Legal Separation and Annulment in Vermont
- All Vermont divorce & family law rules
FAQ
How is alimony decided in Vermont?
The court may order rehabilitative or long-term maintenance if the spouse seeking it lacks enough income or property to meet reasonable needs and cannot support themselves at the marital standard of living, or is the custodian of a child of the parties. The court considers financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, the paying spouse's ability to pay, inflation, retirement, and statutory guidelines. The guidelines suggest, by length of marriage: under 5 years, 0–16% of the difference in gross incomes for up to one year or none; 5 to under 10 years, 12–29% for 20–50% of the marriage length; 10 to under 15 years, 16–33% for 40–60%; 15 to under 20 years, 20–37% for 40–70%; 20+ years, 24–41% for 45% (9–20+ years).
Is Vermont a community property state?
Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. Factors include the length of the marriage, age and health, income and employability, contributions to the other's education or earning power, whether the division is in place of or in addition to maintenance, future opportunities to acquire assets, the family home for the custodial parent, the party through whom the property was acquired, each spouse's contributions (including as a homemaker), and the respective merits of the parties. An inheritance that has not yet vested is not part of the marital estate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.