Property Settlement; Maintenance

V.S.A. tit. 15, ch. 11, subch. 6

in effect

15 V.S.A. § 751 Property settlement

751. Property settlement (a) Upon motion of either party to a proceeding under this chapter, the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. Title to the property, whether in the names of either or both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property. (b) In making a property settlement, the court may consider all relevant factors, including: (1) The length of the civil marriage. (2) The age and health of the parties. (3) The occupation, source, and amount of income of each of the parties. (4) Vocational skills and employability. (5) The contribution by one spouse to the education, training, or increased earning power of the other. (6) The value of all property interests, liabilities, and needs of each party. (7) Whether the property settlement is in lieu of or in addition to maintenance. (8) The opportunity of each for future acquisition of capital assets and income. For purposes of this subdivision: (A) The court may consider the parties’ lifestyle and decisions made during the marriage and any other competent evidence as related to their expectations of gifts or an inheritance. The court shall not speculate as to the value of an inheritance or make a finding as to its value unless there is competent evidence of such value. (B) A party’s interest in an inheritance that has not yet vested and is capable of modification or divestment shall not be included in the marital estate. (C) Notwithstanding any other provision of this subdivision (8), a person who is not a party to the divorce shall not be subject to any subpoena to provide documentation or to give testimony about: (i) his or her assets, income, or net worth, unless it relates to a party’s interest in an instrument that is vested and not capable of modification or divestment; or (ii) his or her revocable estate planning instruments, including interests that pass at death by operation of law or by contract, unless a party’s interest in an instrument is vested and not capable of modification or divestment. (D) This subdivision (8) shall not be construed to limit the testimony given by the parties themselves or what can be obtained through discovery of the parties. (9) The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children. (10) The party through whom the property was acquired. (11) The contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker. (12) The respective merits of the parties. Amended 1981, No. 247 (Adj. Sess.), § 6; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2013, No. 63, § 1.

15 V.S.A. § 752 Maintenance

752. Maintenance (a) In an action under this chapter, the court may order either spouse to make maintenance payments, either rehabilitative or long term in nature, to the other spouse if it finds that the spouse seeking maintenance: (1) lacks sufficient income or property, or both, including property apportioned in accordance with section 751 of this title, to provide for his or her reasonable needs; and (2) is unable to support himself or herself through appropriate employment at the standard of living established during the civil marriage or is the custodian of a child of the parties. (b) The maintenance order shall be in such amounts and for such periods of time as the court deems just, after considering all relevant factors, including: (1) the financial resources of the party seeking maintenance, the property apportioned to the party, the party’s ability to meet his or her needs independently, and the extent to which a provision for support of a child living with the party contains a sum for that party as custodian; (2) the time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) the standard of living established during the civil marriage; (4) the duration of the civil marriage; (5) the age and the physical and emotional condition of each spouse; (6) the ability of the spouse from whom maintenance is sought to meet his or her reasonable needs while meeting those of the spouse seeking maintenance; (7) inflation with relation to the cost of living; (8) the impact of both parties reaching the age of eligibility to receive full retirement benefits under Title II of the federal Social Security Act or the parties’ actual retirement, including any expected discrepancies in federal Social Security Retirement benefits; and (9) the following guidelines: Length of marriage | % of the difference | Duration of alimony award between parties’ | as % length of marriage gross incomes 0 to <5 years | 0-16% | No alimony or short-term alimony up to one year 5 to <10 years | 12-29% | 20-50% (1-5 yrs) 10 to <15 years | 16-33% | 40-60% (4-9 yrs) 15 to <20 years | 20-37% | 40-70% (6-14 yrs) 20+ years | 24-41% | 45% (9-20+ yrs) Amended 1981, No. 247 (Adj. Sess.), § 7; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 60, § 2, eff. June 5, 2017; 2019, No. 40, § 6; 2019, No. 131 (Adj. Sess.), § 300.

15 V.S.A. § 753 Conveyance of realty after legal separation

753. Conveyance of realty after legal separation In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply. Amended 1981, No. 247 (Adj. Sess.), § 8.

15 V.S.A. § 754 Judgment effective to convey real estate

754. Judgment effective to convey real estate A certified copy of the judgment, or relevant parts thereof, when recorded in the land records of the town in which real estate of the parties is located, shall be effective to convey or encumber the real estate in accordance with the terms of the judgment, as if the judgment were a deed. A property transfer return shall be filed with the judgment, but the transfer shall be exempt from the taxes imposed by chapters 231 and 236 of Title 32 to the extent of the property interests conveyed to either of the parties. Amended 1973, No. 201 (Adj. Sess.), § 10; 1981, No. 247 (Adj. Sess.), § 9.

15 V.S.A. § 755 Judge out of office may sign judgment for maintenance

755. Judge out of office may sign judgment for maintenance After the expiration of his or her term of office, a judge of the Superior Court may sign a judgment for maintenance as of the date when made. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1981, No. 247 (Adj. Sess.), § 10.

15 V.S.A. § 756 Court may order money paid to trustees

756. Court may order money paid to trustees When part of the estate of either spouse, or money in lieu thereof, is awarded to the spouse having custody, as provided in this subchapter and sections 291, 293, and 294 of this title, instead of ordering the same to be delivered or paid into the hands of the custodial spouse, the court may order it delivered or paid to one or more trustees appointed by the court. The trustees shall invest the same and apply the income thereof to the support and maintenance of the custodial spouse and minor children of the civil marriage or any of them, in such manner as the court directs, and shall pay over the principal to the custodial spouse and children in such proportions and at such times as shall be ordered by the court. In the disposition of the income and of the principal, regard shall be had to the situation and circumstances of the custodial spouse and children, and the trustees shall give such bonds as the court requires for the faithful performance of their trust. Amended 1981, No. 247 (Adj. Sess.), § 11; 2009, No. 3, § 12a, eff. Sept. 1, 2009.

15 V.S.A. § 757 Security for payment

757. Security for payment When maintenance or other annual allowance is granted to either spouse or children, the court may require sufficient security to be given for payment thereof, according to the terms of the judgment. Amended 1981, No. 247 (Adj. Sess.), § 12.

15 V.S.A. § 758 Revision of judgment relating to maintenance

758. Revision of judgment relating to maintenance On motion of either party and due notice, and upon a showing of a real, substantial, and unanticipated change of circumstances, the court may from time to time annul, vary or modify a judgment relative to maintenance, whether or not such judgment relative to maintenance is based upon a stipulation or an agreement. Amended 1971, No. 185 (Adj. Sess.), § 181, eff. March 29, 1972; 1981, No. 247 (Adj. Sess.), § 13.

15 V.S.A. § 762 Insurance benefits

762. Insurance benefits In a proceeding under this chapter, the court may assign insurance benefits to a spouse or children, and may require the spouse who is required to make the assignment to execute a blanket assignment giving notice of the assignment to the provider of the insurance benefits. Added 1981, No. 247 (Adj. Sess.), § 14.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/15/011Fetched: 10/21/2026