Calculate Maintenance Under Vermont Statutes Title 15 § 752
Recommended Maintenance Type:
Primary Factors:
Guideline Amount:
Recommended Duration:
Likely Range:
Key Factors:
Vermont law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Under Vermont Statutes 15 V.S.A. § 758, maintenance can be modified for:
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
Clarified enforcement standard for prenuptial agreements: not unconscionable simply because it leaves spouse in same financial position as before marriage.
Reinforced rules for amending final orders: corrections to reflect court's original intent are proper as clerical errors.
Maintenance duration generally not exceed marriage length except long-term marriages where permanent maintenance may be appropriate.
Professional degrees acquired during marriage are marital assets affecting maintenance calculations.
Vermont is primarily no-fault; egregious economic misconduct may be considered.
Yes, effective July 1, 2021. The Vermont legislature repealed the factor that considered the "percentage difference between the gross incomes of the parties" (old 15 V.S.A. § 752(b)(8)). Courts now focus on the remaining seven statutory factors under 15 V.S.A. § 752(b), giving them even broader discretion. The informal "40% minus 50%" guideline is no longer anchored in statute.
Federal tax treatment depends on your divorce date: For divorces after Dec. 31, 2018, maintenance is NOT deductible for the payor and NOT taxable income for the recipient (TCJA). Vermont state tax follows federal treatment.
Vermont does not use a strict mathematical formula. Judges weigh all factors under 15 V.S.A. § 752(b): financial resources, time to acquire education, marital standard of living, marriage length, age/health, ability to pay, etc. The repealed income disparity factor is no longer considered.
Temporary (during divorce), Rehabilitative (education/training), Transitional (short-term), Compensatory (reimburse career sacrifices), and Permanent (rare, long-term marriages).
Under 5 years: minimal maintenance. 5-20 years: 20-50% of marriage duration. 20+ years: longer or permanent maintenance possible.
Yes, for substantial change in circumstances, payor's retirement at reasonable age, or recipient's remarriage (cohabitation alone does not automatically terminate under Vermont law).
Payor may petition to modify/terminate at retirement age (typically 65+). Court considers whether retirement is reasonable and recipient's ongoing needs.
Yes, if entered voluntarily with full disclosure and not unconscionable at the time of execution. The 2025 Lacroix v. Rysz case clarified this standard.