Vermont law mandates that both spouses complete and exchange sworn financial affidavits during divorce proceedings. Under Vermont Family Court rules, parties must file Form 813A (Income and Expenses) and Form 813B (Property and Assets) before the case manager conference when minor children are involved, or exchange them privately when no children exist. The filing fee ranges from $90 for stipulated cases to $295 for contested divorces. Failure to provide accurate financial disclosure can result in court sanctions, perjury charges, and an unfavorable property division outcome.
Key Facts: Vermont Divorce Financial Disclosure
| Requirement | Details |
|---|---|
| Filing Fee | $90 (stipulated) to $295 (contested) |
| Waiting Period | 90-day nisi period (can be waived) |
| Residency Requirement | 6 months to file; 1 year for final decree |
| Grounds | No-fault (6 months separation) or fault-based |
| Property Division | Equitable distribution (all-property doctrine) |
| Required Forms | Form 813A (income/expenses), Form 813B (property/assets) |
| Filing Deadline | Before case manager conference or 7 days before first hearing |
| Supporting Documents | 2 years tax returns, 4 pay stubs, income documentation |
What Is Financial Disclosure in Vermont Divorce
Financial disclosure divorce Vermont proceedings require both spouses to submit complete, sworn statements detailing all income, assets, debts, and expenses. Vermont Family Court mandates this exchange through Form 813A and Form 813B, which together create a comprehensive financial picture of the marriage. The purpose is to ensure fair property division under 15 V.S.A. § 751, which requires courts to equitably distribute all marital property. Without accurate financial disclosure, Vermont courts cannot fulfill their statutory obligation to divide assets fairly between divorcing spouses.
Vermont's financial affidavit requirements apply in several situations: newly filed divorce or dissolution actions involving minor children, modifications of child support or spousal maintenance orders, support enforcement actions, and Department of Children and Families custody cases. Approximately 95% of Vermont divorces proceed using the no-fault ground under 15 V.S.A. § 551(7), which requires couples to have lived apart for six consecutive months. Regardless of whether the divorce is contested or uncontested, the financial disclosure obligation remains mandatory.
Form 813A: Income and Expenses Disclosure
Form 813A requires each spouse to disclose all sources of income and monthly expenses under penalty of perjury. This 11-page document covers employment income, self-employment earnings, investment returns, government benefits, rental income, and any other money received. Vermont courts use this information to calculate child support under the Vermont Child Support Guidelines and to determine spousal maintenance (alimony) awards under 15 V.S.A. § 752. Each party must complete their own Form 813A, and both forms must be exchanged simultaneously with the other spouse and filed with the court.
The income section of Form 813A requires disclosure of gross wages, overtime, bonuses, commissions, tips, self-employment income, Social Security benefits, unemployment compensation, workers' compensation, disability payments, pension income, annuity payments, trust distributions, investment income (dividends, interest, capital gains), rental income, alimony from prior marriages, and any other regular income. Vermont courts require the last four pay stubs to verify current employment income and the two most recent tax returns to establish historical earning patterns.
The expense section covers monthly housing costs (mortgage or rent, property taxes, homeowner's insurance, utilities, maintenance), transportation (car payments, insurance, fuel, repairs), food, clothing, medical expenses not covered by insurance, childcare, education costs, personal expenses, and debt payments. Vermont judges compare each spouse's income against their reasonable monthly expenses when determining support obligations and property division outcomes.
Form 813B: Property and Assets Disclosure
Form 813B captures all property owned by either or both spouses, regardless of when or how it was acquired. Under Vermont's all-property doctrine established by 15 V.S.A. § 751, courts have jurisdiction over all property owned by either party, however and whenever acquired. This means assets purchased during marriage, property owned before marriage, inherited wealth, gifts, and business interests are all subject to disclosure and potential division. Vermont's approach differs from many states that distinguish between marital and separate property.
The property disclosure form requires listing all real estate (primary residence, vacation homes, investment properties, undeveloped land), vehicles (cars, trucks, motorcycles, boats, recreational vehicles), bank accounts (checking, savings, money market, CDs), retirement accounts (401(k), IRA, pension plans, deferred compensation), investment accounts (brokerage, stocks, bonds, mutual funds), life insurance policies with cash value, business ownership interests, intellectual property, collectibles, jewelry, and personal property of significant value.
For each asset, Form 813B requires the current fair market value, outstanding debt or liens, date of acquisition, and how the asset is titled. Vermont courts require supporting documentation for asset valuations, including recent appraisals for real estate, current account statements for financial accounts, and professional valuations for business interests. The debt section requires disclosure of all liabilities including mortgages, home equity loans, car loans, credit cards, student loans, personal loans, and any other obligations.
Filing Deadlines and Procedures
Vermont Family Court requires financial affidavits to be filed before the case manager conference when minor children are involved in the divorce. If no conference is scheduled, both Form 813A and Form 813B must be filed at least seven days before the first scheduled court hearing. The forms must be signed under oath before a notary public, and copies must be served on the opposing party at the same time they are filed with the court. Vermont allows electronic filing or paper submission, and forms are available for download at vermontjudiciary.org.
For divorces without minor children, the filing procedure differs slightly. Parties must still exchange completed financial affidavits with each other, but they do not need to file them with the court unless specifically ordered to do so. However, the Final Stipulation form (Form 400-00878) requires parties to certify that they have exchanged financial information. This requirement applies even in fully agreed, uncontested divorces where both spouses have already negotiated property division and support terms.
The supporting documentation requirements are specific and mandatory. An affidavit must be accompanied by pay stubs for the four most recent pay periods, monthly income and expense statements for self-employed individuals covering the period after their last tax return, and documentation of all other income received. Additionally, parties must exchange tax returns for the two most recent years, including all schedules and documentation submitted to the IRS. These documents provide verification for the figures reported on the financial affidavits.
Vermont's All-Property Equitable Distribution System
Vermont follows equitable distribution for property division, meaning courts divide assets fairly based on specific circumstances rather than automatically splitting 50/50. Under 15 V.S.A. § 751, Vermont courts consider 11 statutory factors when determining what constitutes an equitable division. These factors include the length of the marriage, age and health of the parties, occupation and income of each spouse, vocational skills and employability, contribution to the other spouse's education or earning capacity, value of all property interests, and whether property settlement is in lieu of or in addition to maintenance.
Vermont's all-property doctrine makes complete financial disclosure essential. Unlike states that only divide marital property (assets acquired during marriage), Vermont courts have jurisdiction over everything owned by either spouse. This includes premarital assets, inherited property, and gifts received during the marriage. While courts generally will not disturb truly separate property that was never used for the common benefit, the analysis requires full disclosure of all assets regardless of their origin or title.
The courts also consider the desirability of awarding the family home to the custodial parent, the contribution of each spouse to the acquisition, preservation, and appreciation of property, and the party through whom property was acquired. Vermont judges have broad discretion in weighing these factors, which is why accurate and complete financial disclosure is critical. A 30-year marriage where one spouse stayed home to raise children receives different treatment than a 5-year marriage where both spouses maintained separate careers and finances.
Discovery Tools Beyond Financial Affidavits
When informal exchange of financial affidavits proves insufficient, Vermont Family Court provides formal discovery mechanisms to uncover financial information. Parties may serve interrogatories (written questions answered under oath), requests for production of documents, requests for admissions, depositions (oral examination under oath), and subpoenas duces tecum (requiring third parties to produce documents). Vermont Rules of Civil Procedure govern these discovery tools, which apply fully in divorce actions.
Interrogatories are limited to 25 distinct questions and must be answered within 30 days of service (42 days if served with the initial complaint). Vermont restricts interrogatory topics, prohibiting questions about infidelity, physical abuse, sexual abuse, or child abuse unless the court specifically authorizes such inquiries. Requests to produce documents must also be answered within 30 days and typically seek financial records like bank statements, retirement account statements, credit card statements, loan documents, and business records.
Depositions require 14 days advance written notice and allow oral questioning under oath, recorded by a court reporter or video. Vermont permits depositions of parties, witnesses, and experts. Subpoenas duces tecum can compel third parties such as banks, employers, brokers, and accountants to produce records directly without the opposing spouse's involvement. These formal discovery tools become particularly valuable when one spouse suspects the other of hiding assets or underreporting income.
Consequences of Incomplete or False Financial Disclosure
Vermont courts take financial disclosure violations seriously, imposing significant penalties for incomplete or inaccurate submissions. The financial affidavit forms explicitly warn that false information may constitute perjury, a criminal offense under Vermont law. Courts may sanction parties who fail to provide required information or submit misinformation, and these sanctions can include monetary penalties, adverse inferences, and adjustment of property division in favor of the honest spouse.
If a court discovers hidden assets after finalizing a divorce, Vermont law permits reopening the property division. The innocent spouse may file a motion to modify the divorce decree based on fraud, and courts have awarded 100% of undisclosed assets to the aggrieved party in egregious cases. Beyond asset forfeiture, the dishonest spouse may be required to pay the other party's attorney fees incurred in uncovering the fraud, along with costs of additional discovery and litigation.
The credibility impact extends beyond financial issues. Vermont judges consider a spouse's honesty during disclosure when evaluating contested custody arrangements, support claims, and other matters requiring credibility determinations. A party caught lying about finances damages their position on every issue in the case. Additionally, perjury charges can result in criminal prosecution, with potential jail time, substantial fines, and a permanent criminal record affecting employment and professional licensing.
Common Financial Disclosure Mistakes
The most frequent error in Vermont financial disclosure is undervaluing or omitting retirement accounts. Many divorcing spouses fail to recognize that 401(k) plans, pensions, and IRAs accumulated during marriage represent significant marital assets subject to division. Vermont courts routinely order Qualified Domestic Relations Orders (QDROs) to divide retirement accounts, so accurate disclosure of current balances, vesting schedules, and plan terms is essential.
Another common mistake involves business ownership. Self-employed individuals and business owners must disclose the full value of their enterprises, including goodwill, accounts receivable, inventory, equipment, and intellectual property. Vermont courts may order professional business valuations when the parties disagree on worth or when complexity warrants expert analysis. Underreporting business income or inflating business expenses on Form 813A triggers scrutiny and potential sanctions.
Debt disclosure errors also create problems. Some spouses omit joint debts hoping the court will assign them entirely to the other party, while others fail to disclose separate debts that affect their financial position. Vermont's equitable distribution analysis considers the total financial picture, including both assets and liabilities. Incomplete debt disclosure skews this analysis and may result in an unfair division that must later be modified if the truth emerges.
Timeline for Financial Disclosure in Vermont Divorce
The financial disclosure timeline integrates with Vermont's overall divorce process, which typically spans 4-6 months for uncontested cases and 12-18 months or longer for contested matters. Under 15 V.S.A. § 592, either spouse must have resided in Vermont for six months to file for divorce, but the court cannot issue a final decree until at least one party has resided in the state for one year. This residency requirement establishes the outer boundary of the divorce timeline.
For cases involving minor children, both parties must file completed financial affidavits with supporting documentation before the case manager conference, typically scheduled 4-6 weeks after filing. The case manager reviews the affidavits to identify contested financial issues and may require additional documentation. If formal discovery becomes necessary, the process adds 60-90 days to the timeline. Vermont courts generally allow 30 days to respond to discovery requests, with extensions available for complex matters.
After all financial information is exchanged and any disputes resolved, the 90-day nisi period begins once the judge grants the divorce. This cooling-off period can be waived by agreement if both parties check the appropriate box on the Final Stipulation form (400-00878). However, parties should consider that waiving the nisi period affects health insurance eligibility and tax filing status, as legal marriage continues during the nisi period.
Professional Assistance for Complex Financial Disclosure
Some Vermont divorces involve financial complexity requiring professional assistance beyond attorney guidance. Forensic accountants specialize in tracing assets, uncovering hidden income, and analyzing complex financial records. Business valuation experts determine the fair market value of closely-held companies, professional practices, and partnership interests. Pension valuation actuaries calculate the present value of defined benefit plans and survivor benefits.
Vermont courts permit expert witness testimony on financial matters, and the cost of experts may be allocated between the parties or assigned to one spouse depending on circumstances. When one spouse suspects the other of financial misconduct, a forensic accountant can analyze bank records, tax returns, and business documents to identify discrepancies, unreported income, or diverted assets. The expert's findings become evidence supporting claims of incomplete disclosure.
For individuals unable to afford private attorneys, Legal Services Vermont offers free family law clinics for income-qualifying residents. The Vermont Judiciary website provides all required forms with instructions at vermontjudiciary.org. The VTLawHelp.org website offers step-by-step guidance for completing financial affidavits and navigating the divorce process without an attorney.
FAQs: Financial Disclosure in Vermont Divorce
What forms do I need to complete for financial disclosure in Vermont divorce?
Vermont requires two forms: Form 813A (Financial Affidavit: Income and Expenses) and Form 813B (Financial Affidavit: Property and Assets). Both forms must be signed under oath before a notary public. Supporting documents include four recent pay stubs and two years of tax returns with all schedules.
When must I file my financial affidavits in Vermont?
If you have minor children, file Form 813A and 813B before the case manager conference. Without children, exchange the forms with your spouse but do not file with the court unless ordered. If no conference is scheduled, file at least seven days before your first hearing.
What happens if I hide assets during Vermont divorce financial disclosure?
Hiding assets can result in perjury charges, court sanctions, and monetary penalties. Vermont courts may award 100% of hidden assets to the innocent spouse and require the dishonest party to pay attorney fees. Credibility damage affects custody, support, and all other contested issues.
Does Vermont consider all property subject to division, including premarital assets?
Yes, Vermont follows the all-property doctrine under 15 V.S.A. § 751. Courts have jurisdiction over all property owned by either spouse, however and whenever acquired. This includes premarital assets, inherited property, and gifts, though courts generally protect truly separate property not used for marital benefit.
How much does divorce filing cost in Vermont?
Filing fees range from $90 for stipulated (uncontested) cases where at least one spouse is a Vermont resident to $295 for contested divorces. Non-resident stipulated filings cost $180. Additional costs include service of process ($75-$100) and the COPE parenting class ($79) if children are involved. As of January 2026, verify fees with your local clerk.
What discovery tools can I use if my spouse refuses to disclose finances?
Vermont allows interrogatories (25 written questions maximum), requests to produce documents, requests for admissions, depositions (oral examination under oath), and subpoenas to third parties. Responses are due within 30 days. Courts may sanction parties who refuse to cooperate with discovery.
Can I get help with financial disclosure if I cannot afford an attorney?
Yes, Legal Services Vermont offers free family law clinics for income-qualifying individuals. Vermont courts also have an Application to Waive Filing Fees (In Forma Pauperis) for those with household income below 200% of federal poverty guidelines ($30,120 for a single person in 2026). Forms and instructions are available at vermontjudiciary.org.
What supporting documents must I provide with my Vermont financial affidavit?
You must provide pay stubs for the four most recent pay periods, tax returns for the two most recent years with all schedules, monthly income statements for self-employment, and documentation of all other income. Additionally, provide account statements and appraisals to verify asset values.
How does Vermont's 90-day nisi period affect my divorce timeline?
After the judge grants your divorce, a 90-day nisi period must pass before the divorce becomes final. You remain legally married during this time and cannot remarry. The nisi period can be waived if both parties agree, but waiver affects health insurance eligibility and tax filing status.
What is the residency requirement for filing divorce in Vermont?
Under 15 V.S.A. § 592, either spouse must have resided in Vermont for six months to file for divorce. However, the court cannot issue a final decree until at least one party has resided in Vermont for one year before the final hearing date. Temporary absences for work or military service do not interrupt residency.