Vermont Divorce Property Division

What the Law Says

Vermont courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Vermont subjects all property owned by either or both parties — “however and whenever acquired” — to the court's jurisdiction (15 V.S.A. §751(a)); title is immaterial. The court equitably divides and assigns the property with no presumption of equal division, after considering the twelve factors of §751(b): the length of the marriage; the age and health of the parties; occupation and the source and amount of income; vocational skills and employability; contribution to the other's education, training, or increased earning power; the value of all property and liabilities and needs; whether the settlement is in lieu of or in addition to maintenance; the opportunity for future acquisition of capital assets and income; the party through whom the property was acquired; contribution to acquisition, preservation, or appreciation, including homemaker contributions; the custodial parent's desirability of the family home; and the respective merits of the parties.

Division Factors (15 V.S.A. §751)

What Vermont courts weigh:

1. Length of the marriage (15 V.S.A. §751(b)(1))
2. Age and health of the parties (§751(b)(2))
3. Occupation, source, and amount of income of each of the parties (§751(b)(3))
4. Vocational skills and employability of each party (§751(b)(4))
5. Contribution by one spouse to the education, training, or increased earning power of the other (§751(b)(5))
6. Value of all property interests, liabilities, and needs of each party (§751(b)(6))
7. Whether the property settlement is in lieu of or in addition to maintenance (§751(b)(7))
8. Opportunity of each party for future acquisition of capital assets and income (§751(b)(8))
9. Party through whom the property was acquired (§751(b)(9))
10. 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 (§751(b)(10))
11. Desirability of awarding the family home, or the right to live there for reasonable periods, to the spouse having custody of the children (§751(b)(11))
12. Respective merits of the parties (§751(b)(12))

Common Questions