When Vermont Awards Maintenance
Vermont courts may order rehabilitative or long-term maintenance if a spouse lacks income or property for reasonable needs and cannot support himself or herself at the marital standard or is a custodian, weighing nine factors including a guidelines table.
The threshold
The court may order either spouse to make maintenance payments, rehabilitative or long term, if the spouse seeking maintenance (1) lacks sufficient income or property, or both, including property apportioned under section 751, to provide for his or her reasonable needs; and (2) is unable to support himself or herself through appropriate employment at the standard of living established during the civil marriage or is the custodian of a child of the parties (15 V.S.A. 752(a)).
The factors
The order is in such amounts and for such periods as the court deems just, after considering all relevant factors, including:
| Factor | |
|---|---|
| (1) | The financial resources of the party seeking maintenance, the property apportioned to the party, his or her ability to meet needs independently, and the extent to which child support contains a sum for that party as custodian |
| (2) | The time and expense necessary to acquire sufficient education or training to find appropriate employment |
| (3) | The standard of living established during the civil marriage |
| (4) | The duration of the civil marriage |
| (5) | The age and the physical and emotional condition of each spouse |
| (6) | The ability of the payor to meet his or her reasonable needs while meeting those of the payee |
| (7) | Inflation with relation to the cost of living |
| (8) | The impact of both parties reaching the age of eligibility for full Social Security retirement benefits, or their actual retirement, including expected discrepancies in benefits |
| (9) | The guidelines table in the statute |
Property comes first
Because the threshold looks at the property apportioned to the payee, the court divides the property first, and one of the property factors is whether the settlement is in lieu of or in addition to maintenance (15 V.S.A. 751(b)(7)).
Rehabilitative or long term
The court chooses the form: rehabilitative maintenance for a period to acquire training or employment, or long-term maintenance when the payee cannot reach the marital standard of living.
Questions to bring to an attorney
Ask how the court would treat your property division and whether a rehabilitative or long-term order fits your facts.
Next steps
See the guidelines table and test the numbers in the Vermont alimony calculator.
Frequently asked questions
What must a spouse show to get maintenance in Vermont?
That he or she lacks income or property for reasonable needs and cannot support himself or herself at the marital standard, or is the custodian of a child.
What factors does Vermont use for maintenance?
Nine, including the payee's resources, education time, the marital standard of living, the length of the marriage, age and health, the payor's ability to pay, inflation, retirement and the guidelines table.
Does property division affect Vermont maintenance?
Yes. The property apportioned to the payee is part of the threshold and a factor.
Does Vermont consider retirement for maintenance?
Yes. The impact of both parties reaching retirement age or actually retiring is a factor.
Can the court order rehabilitative maintenance in Vermont?
Yes, rehabilitative or long term.
Official sources
- 15 V.S.A. 752: maintenance
- 15 V.S.A. 758: revision of judgment relating to maintenance
- 15 V.S.A. 661: child support maintenance supplement
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Vermont statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Vermont attorney.