Vermont Divides All Property Equitably

Vermont courts equitably divide and assign all property owned by either or both spouses, however and whenever acquired, with no set percentage and with title immaterial.

The rule

“Upon motion of either party ... the court shall settle the rights of the parties to their property by including in its judgment provisions which equitably divide and assign the property” (15 V.S.A. 751(a)). All property owned by either or both of the parties, however and whenever acquired, is subject to the court’s jurisdiction.

Title is immaterial

Title to the property, whether in the name of either or both parties or a nominee, is immaterial, except where equitable distribution can be made without disturbing separate property.

No formula

The statute states no percentage. The court may consider all relevant factors, including the twelve listed in the next article, and long marriages with shared contributions often lead to a division near equal while shorter marriages or unequal contributions may not.

Property and maintenance

The court considers whether the property settlement is in lieu of or in addition to maintenance, and the maintenance threshold looks at the property apportioned to the payee (15 V.S.A. 752(a)).

Documents to gather

Deeds, titles, account and retirement statements, loan balances, tax returns and business records.

Test a split

The Vermont property division calculator starts at an equal share and shows the payment each division implies, with or without premarital and inherited property in the pool.

Frequently asked questions

How does Vermont divide property in a divorce?

The court equitably divides and assigns all property owned by either or both parties, however and whenever acquired.

Is Vermont property division equal?

Not by rule. It is equitable, with no set percentage.

Does title matter in a Vermont divorce?

No, except where an equitable distribution can be made without disturbing separate property.

Can the court consider property acquired before the marriage in Vermont?

Yes. All property however and whenever acquired is subject to the court's jurisdiction, and the source is a factor.

Is maintenance considered when dividing Vermont property?

Yes. Whether the settlement is in lieu of or in addition to maintenance is a factor.

Official sources

Going through a divorce or custody case in Vermont?

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Talk to a Vermont attorney

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.