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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Vermont law:

  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))

Statute / Authority

Citation: 15 V.S.A. §751

Source: https://legislature.vermont.gov/statutes/

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Citation
15 V.S.A. §751
Source URL
https://legislature.vermont.gov/statutes/
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Reference Library

Vermont Property Division

Vermont Title 15 V.S.A. §751 places all property owned by either or both parties — however and whenever acquired, title immaterial — under the court's jurisdiction for an equitable division weighed against twelve statutory factors: duration, age and health, occupation and income, vocational skills and employability, contributions to the other's earning power, property values and needs, the maintenance interplay, future acquisition opportunity, the party through whom property came, contributions including homemaking, the family home for a custodial parent, and the respective merits of the parties. There is no presumption of equal division.

Citation: 15 V.S.A. §751

Source: https://legislature.vermont.gov/statutes/

Last updated: 2026-07-23T00:37:19.839137