Vermont Alimony / Spousal Support Estimator

Vermont has no formula for calculating spousal maintenance. Under 15 V.S.A. § 752, judges exercise full discretion after weighing seven statutory factors, including each spouse's financial resources, marriage duration, standard of living, and the paying spouse's ability to support both parties. A former income-differential factor was repealed in July 2021, giving courts even broader flexibility in setting amounts.

Vermont recognizes four types of spousal maintenance under 15 V.S.A. § 752. Rehabilitative maintenance is the most common — short-term support while a spouse acquires education or job training. Temporary maintenance covers the divorce proceedings period. Permanent (long-term) maintenance is reserved for cases involving age, disability, or lengthy absence from the workforce. Compensatory maintenance reimburses a spouse for career sacrifices that enhanced the other's earning capacity.

Vermont law sets no fixed duration limits for spousal maintenance. Rehabilitative maintenance typically lasts months to a few years with a court-set end date, while permanent maintenance may continue indefinitely in long marriages involving disability or significant income disparity. Courts set duration based on the same seven factors under 15 V.S.A. § 752(b) used for determining the amount, including marriage length and the recipient's ability to become self-supporting.

Under 15 V.S.A. § 752(b), Vermont courts consider seven factors: (1) the requesting spouse's financial resources including property division, (2) time and expense to acquire employable skills, (3) marital standard of living, (4) marriage duration, (5) age and physical and emotional condition of the requesting spouse, (6) the paying spouse's ability to meet both parties' needs, and (7) inflation's impact on cost of living. Courts may also consider the respective merits of the parties.

Either spouse can request modification of a Vermont spousal maintenance order by filing a motion showing a real, substantial, and unanticipated change in circumstances since the last order. Common grounds include significant income changes, job loss, or serious health issues. The requesting party must file with the Vermont Family Division and provide updated financial documents demonstrating the changed need or ability to pay.

Vermont law allows judges to consider the "respective merits of the parties" under 15 V.S.A. § 751, which can indirectly influence maintenance decisions. While Vermont permits no-fault divorce, fault-based conduct including adultery may factor into the court's discretion when awarding spousal maintenance. However, Vermont courts typically weigh financial need and ability to pay more heavily than marital misconduct when setting maintenance amounts.

For divorce agreements executed after December 31, 2018, spousal maintenance payments are not tax-deductible for the payer and not reportable as income by the recipient under the federal Tax Cuts and Jobs Act. Vermont follows federal tax treatment. For agreements finalized before 2019, the prior rules apply — the payer deducts payments and the recipient reports them as taxable income — unless the agreement is modified to adopt the new rules.

Vermont allows spouses to waive or limit alimony through a valid prenuptial (antenuptial) agreement. The agreement must be in writing, entered voluntarily, and include full financial disclosure from both parties. However, Vermont courts retain discretion to set aside an alimony waiver if it is deemed unconscionable or would leave one spouse destitute or reliant on public assistance. Vermont has not adopted the Uniform Premarital Agreement Act, so enforceability follows case law precedent.