Divorce in Vermont: Laws, Process, and What You Need to Know (2026)

Q: Can I get alimony in Vermont?

Yes, Vermont courts may award spousal maintenance the state's term for alimony. The court considers factors including each spouse's financial resources, the ability to meet needs independently, the standard of living during the marriage, the length of the marriage, and the age and health of both parties. Vermont courts may award rehabilitative maintenance to help a spouse become self-supporting or compensatory maintenance in appropriate cases.

Q: How does Vermont handle civil unions and same-sex divorce?

Vermont was a pioneer in recognizing civil unions 2000 and later became one of the first states to legalize same-sex marriage through legislation 2009. Vermont's family courts are experienced in handling divorce and dissolution proceedings for all types of relationships, including civil unions and same-sex marriages. The same divorce laws and property division rules apply regardless of the gender composition of the marriage.

Introduction

Vermont allows both fault and no-fault grounds and uses equitable distribution. The state was a pioneer in recognizing civil unions (2000) and same-sex marriage (2009), and its family courts are experienced in handling diverse family structures.

Vermont is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Vermont handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Vermont, you must meet the state's residency requirements: 6 months residency. This means at least one spouse must have lived in Vermont for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Vermont allows both no-fault and fault grounds for divorce. No-fault: living apart for 6 consecutive months and the court finds the resumption of marital relations is not reasonably probable. Fault grounds include adultery, imprisonment, intolerable severity, willful desertion, and non-support. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Vermont follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Vermont:

Financial resources
Ability to meet needs independently
Standard of living
Length of marriage
Age and health
Ability to acquire assets in the future

In Vermont, alimony is referred to as "spousal maintenance." Courts may award rehabilitative or compensatory maintenance. The goal is to enable the receiving spouse to become self-supporting.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Vermont uses the Income Shares model for calculating child support, with guidelines based on combined gross income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Vermont courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Vermont, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Vermont, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Vermont typically range from $250-$350, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: None after filing; 6-month separation period required as part of grounds

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Vermont Divorce

Is Vermont a community property state?

No, Vermont is an equitable distribution state. The court divides marital property fairly based on the circumstances of each case, which may or may not result in an equal split. Judges consider factors including the length of the marriage, each spouse's financial resources, contributions to the marriage, and each party's ability to acquire assets in the future.

How is property divided in a Vermont divorce?

Vermont courts use equitable distribution to divide marital property. The judge considers factors such as each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, the age and health of both parties, and each spouse's ability to acquire assets going forward. Separate property such as pre-marital assets, gifts, and inheritances is generally not divided unless it has been commingled with marital property.

How long does a divorce take in Vermont?

Vermont requires a six-month separation period as part of the no-fault grounds for divorce. After filing, an uncontested divorce can typically be finalized within three to six months. Contested divorces involving disputes over property, custody, or maintenance can take one to two years. The total timeline from separation to final decree is typically nine months to two years depending on the complexity of the case.

Can I get alimony in Vermont?

Yes, Vermont courts may award spousal maintenance (the state's term for alimony). The court considers factors including each spouse's financial resources, the ability to meet needs independently, the standard of living during the marriage, the length of the marriage, and the age and health of both parties. Vermont courts may award rehabilitative maintenance to help a spouse become self-supporting or compensatory maintenance in appropriate cases.

What are the grounds for divorce in Vermont?

Vermont allows both no-fault and fault-based grounds. The no-fault ground requires that the spouses have lived apart for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable. Fault-based grounds include adultery, imprisonment for three or more years, intolerable severity (cruelty), willful desertion for seven consecutive years, and persistent refusal or neglect to provide suitable support.

What are the residency requirements for divorce in Vermont?

To file for divorce in Vermont, at least one spouse must have been a resident of the state for at least six months before filing. You file in the family division of the superior court in the county where either spouse resides.

How much does a divorce cost in Vermont?

Filing fees in Vermont typically range from $250 to $350. Total costs depend on the complexity of the divorce. An uncontested divorce may cost $1,500 to $3,500 with basic attorney assistance. Contested divorces can cost $10,000 to $20,000 or more, particularly if they involve disputes over property division, spousal maintenance, or child custody.

How does Vermont handle civil unions and same-sex divorce?

Vermont was a pioneer in recognizing civil unions (2000) and later became one of the first states to legalize same-sex marriage through legislation (2009). Vermont's family courts are experienced in handling divorce and dissolution proceedings for all types of relationships, including civil unions and same-sex marriages. The same divorce laws and property division rules apply regardless of the gender composition of the marriage.

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