Calculate Maintenance Under Vermont Statutes Title 15 § 752
See: 15 V.S.A. § 752(b)(10)
See: Cleverly v. Cleverly, 156 Vt. 566, 595 A.2d 281 (1991)
See: Milligan v. Milligan, 158 Vt. 436, 613 A.2d 1281 (1992)
See: Bissonette v. Bissonette, 145 Vt. 435, 492 A.2d 1133 (1985)
See: 15 V.S.A. § 758
Recommended Maintenance Type:
Primary Factors:
Guideline Amount:
Statutory Considerations:
Recommended Duration:
Vermont Guidelines:
Likely Range:
Key Factors:
Clarified the enforcement standard for prenuptial agreements. The Vermont Supreme Court held that an agreement is not unconscionable simply because it leaves a spouse in the same financial position as before the marriage. To be set aside, it must be unconscionable at the time it was signed, considering voluntary entry and full financial disclosure.
Reinforced procedural rules for amending final orders. The Court affirmed that a correction to a divorce order (here, regarding retirement account valuation dates) is proper if it conforms the written order to the court's original intent, treating the discrepancy as a correctable clerical error.
The Vermont Supreme Court established that maintenance duration should generally not exceed the length of the marriage except in long-term marriages where permanent maintenance may be appropriate. The court emphasized that maintenance should be rehabilitative when possible.
The Vermont Supreme Court clarified that maintenance awards should consider the recipient's ability to become self-supporting and the payor's ability to pay while maintaining a reasonable standard of living. The court emphasized the importance of balancing these competing interests.
The Vermont Supreme Court ruled that professional degrees and licenses acquired during marriage are marital assets that can affect maintenance calculations. The court recognized the value of supporting a spouse through professional education.
The Vermont Supreme Court confirmed that Vermont is primarily a no-fault divorce state, but egregious marital misconduct may be considered in maintenance decisions in rare circumstances, particularly when it affects the economic circumstances of the parties.
The Vermont Supreme Court clarified that cohabitation alone does not automatically terminate maintenance obligations. The court held that the payor must demonstrate the cohabitation has materially affected the recipient's financial needs.
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.
Federal tax treatment depends on your divorce date:
Vermont state tax: Typically follows the federal treatment. Consult a tax professional for your specific situation.
Vermont does not use a strict mathematical formula for final maintenance orders. Instead, judges have broad discretion to order an amount and duration they find fair after considering all statutory factors under 15 V.S.A. § 752[b].
Common factors include:
Some calculators use an "income share" model (e.g., 40% of payer's income minus 50% of recipient's income) as a common starting point for negotiations or temporary support, but this is not a legal mandate.
Yes, but Vermont courts will enforce a prenuptial agreement that limits or waives spousal maintenance if it was entered into voluntarily with full financial disclosure and is not unconscionable at the time of execution.
The 2025 case Lacroix v. Rysz clarified that an agreement is not automatically unconscionable just because it leaves one spouse with fewer assets or no maintenance. The key question is whether it was fair when signed, not whether it seems unfair in hindsight after a divorce.
Vermont recognizes several types of maintenance:
Key differences:
Vermont Statutes 15 V.S.A. § 752
Marriage duration significantly impacts Vermont maintenance:
Special considerations:
Vermont Statutes 15 V.S.A. § 752
Yes, under certain conditions:
Grounds for modification:
Vermont Statutes 15 V.S.A. § 758
Vermont is a no-fault divorce state:
Key implications:
Vermont Statutes 15 V.S.A. § 752
Vermont law uses the term "maintenance" rather than "alimony," but common distinctions:
Temporary Maintenance:
Post-Divorce Maintenance:
Vermont Statutes 15 V.S.A. § 752
Retirement impacts Vermont maintenance cases:
Key factors courts consider:
Vermont Statutes 15 V.S.A. § 758
Vermont counties may handle maintenance cases differently:
Key county-specific factors:
Vermont Statutes 15 V.S.A. § 752