Vermont Marital Property Laws

Vermont, like most states, is an equitable distribution state. All property acquired during marriage by either spouse is marital property and divided according to principles of fairness and equity. A few states are community property states. In those states, courts divide property 50/50 between the spouses.

Couples in Vermont can protect their property rights with a prenuptial agreement or other written agreement. Spouses considering divorce or legal separation in Vermont should discuss the matter with a family law attorney before making any division of property.

Vermont Marital Property Laws

Marital property is all property acquired by either spouse during the marriage and any separate property added or “commingled” with the marital property by either spouse during the marriage. Unlike some states, which separate separate property, Vermont law considers everything owned by both spouses at the time of the marriage to belong to the marital estate. This can include:

• Wages and income earned during the marriage

• Bank accounts, joint and separate

• Real estate, regardless of the name on the title

• Gifts, inheritances, and bequests, even if given to only one spouse

• Retirement accounts and pension plans

Personal property, such as small items, clothing, and kitchenware, may be included in the divorce order if the couple cannot manage their own property division. Family court judges will make an equitable distribution of all possessions if necessary.

Factors in Equitable Distribution

Vermont judges look at a number of factors in making equitable divisions of marital property:

• The length of the marriage

• The age and health of the parties

• The employment and earning capacity of each spouse

• The vocational skills and employability of each spouse

• Financial resources and needs of each party

• Value of all assets and liabilities

• Whether the property settlement is an offset to spousal maintenance or alimony

• Future investment or job opportunities

• The need to award the family home to the spouse awarded physical custody of the children

• The party who acquired the property

• Contributions of each spouse to the marital estate, including non-monetary contributions as homemaker or childcare

Vermont allows allegations of fault during court hearings on property division. The respective merits of the parties in contributing to the divorce, such as abuse, adultery, or neglect, can be factors in property distribution and spousal support.

Research the Law and Legal Codes

• Vermont Code

• Official State Codes - Links to the online statutes in all 50 states and DC

Vermont Marital Property Laws: Related Resources

• Marriage, Money, and Property

• Credit and Divorce

• Find a Divorce Attorney

Get Legal Advice from a Vermont Divorce Attorney

Vermont divorce laws can confuse couples during an emotional divorce. Get legal guidance from an experienced Vermont divorce attorney before making any decisions about your divorce case.