Vermont Alimony & Spousal Support Guide

Vermont calls alimony “maintenance” and treats it as a flexible, factor-driven remedy rather than a strict formula. Under 15 V.S.A. § 752, a court may order either spouse to make maintenance payments after weighing financial need, earning capacity, marriage length, and several other considerations. Since 2017 the statute has also included a nonbinding guidelines table that suggests percentage ranges for both the amount and duration of Vermont spousal support based on how long the marriage lasted. This guide explains who qualifies for Vermont alimony, the four types courts award, what the guidelines table actually says, and how modification works.

Four Types of Maintenance in Vermont

Vermont courts recognize four forms of spousal support, each serving a distinct purpose:

• Temporary (pendente lite): Short-term maintenance awarded under 15 V.S.A. § 594a while the divorce case is pending. It preserves the financial status quo and is superseded by the final order.
• Rehabilitative: Time-limited support designed to fund education, job training, or career re-entry so the lower-earning spouse can become self-sufficient. Courts set a specific term and expect measurable progress. This is the most commonly awarded type of Vermont alimony.
• Durational: A fixed-period award tailored to the marriage length, earning gap, and transition needs. Some durational orders include step-down provisions that reduce payments over time as the recipient gains financial independence.
• Permanent (long-term): Open-ended Vermont maintenance reserved for long marriages where a spouse's age, health, or prolonged absence from the workforce makes self-sufficiency unrealistic. The Vermont Supreme Court has upheld permanent awards in marriages exceeding 20 years when rehabilitative efforts cannot close the income gap (Strauss v. Strauss, 1993).

Vermont also recognizes a compensatory purpose for maintenance, meaning courts may award spousal support to correct inequity from homemaker or career-sacrifice contributions that property division alone does not address (Klein v. Klein, 1988). Understanding these types helps you anticipate what a Vermont court may order in your case.

Eligibility: The Two-Prong Threshold

Before awarding any Vermont spousal support, the court must find that the requesting spouse meets both prongs of the § 752(a) test:

1. Need: The applicant lacks sufficient income or property—including assets received in the property division—to provide for “reasonable needs” measured against the marital standard of living.
2. Inability to self-support: The applicant cannot meet the marital standard of living through appropriate employment, or is the custodian of a child whose condition makes outside employment inappropriate.

If both prongs are satisfied, the court moves to the factor analysis under § 752(b). Key factors include the time and expense needed for education or training, the duration of the marriage, each spouse's age and health, the payor's ability to meet their own needs while paying maintenance, inflation, and the impact of retirement and Social Security benefits.

Practical Tip: Courts measure “reasonable needs” against the marital standard of living, not bare subsistence. Prepare a detailed monthly budget documenting your actual expenses during the marriage, along with evidence of your earning capacity and any barriers to employment. Judges rely heavily on concrete financial evidence when setting Vermont maintenance amounts.

Vermont Maintenance Guidelines Table

Since 2017, § 752(b) has included a nonbinding guidelines table that courts must give “due consideration” but are not required to follow. The table suggests percentage ranges based on the difference in the parties' gross incomes:

• 0 to under 5 years: 0–16% of income difference; duration typically zero to 1 year
• 5 to under 10 years: 12–29%; duration 20–50% of marriage length
• 10 to under 15 years: 16–33%; duration 40–60% of marriage length
• 15 to under 20 years: 20–37%; duration 40–70% of marriage length
• 20+ years: 24–41%; duration equal to 45% of marriage length

In Jaro v. Jaro (2018), the Vermont Supreme Court confirmed that these guidelines are not presumptive—a court need not justify departures with any special showing beyond its standard factor analysis. Judges regularly deviate for age, health, large property awards, training prospects, or pronounced ability-to-pay constraints. The guidelines table is a starting point, not a ceiling or floor, for Vermont alimony calculations.

Duration Trends by Marriage Length

Although the guidelines table provides suggested durations, appellate decisions and practitioner experience reveal consistent patterns in how Vermont courts actually set Vermont maintenance terms:

• Under 5 years: Vermont spousal support is uncommon. When awarded, it typically lasts 12 months or less as a short transitional bridge.
• 5 to 15 years: Rehabilitative or durational awards are standard, usually running one-third to one-half of the marriage length. Courts often tie duration to specific retraining or education goals.
• 15 to 20 years: Awards of 6 to 14 years are common, sometimes with step-down provisions. Courts weigh whether the recipient can realistically reach the marital standard within that timeframe.
• Over 20 years: Long-term or permanent maintenance becomes possible, particularly when advanced age or extended time out of the workforce limits realistic earning capacity. Judges sometimes build in step-downs aligned with Social Security eligibility or the payor's anticipated retirement.

See how Vermont spousal support might apply to your situation:

Modification and Termination

Under 15 V.S.A. § 758, either party can petition to modify a Vermont maintenance order by demonstrating a “real, substantial, and unanticipated change of circumstances.” The burden is on the moving party, and courts apply this standard strictly. Common triggers that may justify modifying Vermont spousal support include:

• Involuntary job loss or significant health changes
• Material income increases or decreases not anticipated at the time of the order
• Bona fide retirement that materially reduces the payor's ability to pay
• The recipient's failure to make reasonable efforts toward self-sufficiency

Importantly, § 758 allows modification even when the original order was based on a stipulation between the parties. Anti-modification clauses do not strip the court's statutory power. However, changes that were reasonably foreseeable at the time of the original order typically do not qualify.

Remarriage of the recipient does not automatically terminate Vermont alimony unless the decree includes such a clause. The same applies to cohabitation—it is relevant to modification but is not an automatic termination trigger. The paying spouse must petition and demonstrate that the cohabitation materially changed the recipient's financial security (Taylor v. Taylor, 2002). Death of either party generally ends periodic maintenance unless the decree provides otherwise, such as requiring life insurance as security.

Interaction with Property Division and Child Support

Vermont courts consider whether a property award under 15 V.S.A. § 751 is made “in lieu of” maintenance. A spouse who receives a larger share of marital assets—particularly income-producing property or a mortgage-free home—may receive less or no Vermont spousal support. Because property division is final but maintenance is modifiable, courts are encouraged to be explicit about which portion of a settlement replaces ongoing payments.

For child support, Vermont calculates support on post-maintenance incomes. Maintenance received is included in the recipient's gross income, and maintenance paid is deducted from the payor's available income under 15 V.S.A. § 653. Courts typically determine maintenance first, then calculate child support using the adjusted income figures.

Tax Treatment

For divorce decrees entered or modified after December 31, 2018, spousal support is not deductible by the payer and not taxable to the recipient under the federal Tax Cuts and Jobs Act (TCJA). Pre-2019 orders retain the old deductible/taxable treatment unless a subsequent modification expressly adopts the new rules. Vermont income tax follows federal AGI, so the federal TCJA rules effectively apply for state tax purposes as well.

Because modern Vermont maintenance is paid with after-tax dollars, the guideline percentages based on gross income difference are only a starting point. Judges often consider net cash flow to ensure both parties can meet reasonable needs after taxes. For more details, see VTLawHelp's spousal maintenance overview.

Frequently Asked Questions

Does Vermont use a formula for spousal support? Vermont has a nonbinding guidelines table in § 752 that suggests percentage ranges for the amount and duration of maintenance based on marriage length and the difference in gross incomes. However, the table is not presumptive—courts must give it “due consideration” but can deviate based on the full statutory factor analysis.

How long does alimony last in Vermont? It depends on marriage length and individual circumstances. Short marriages (under five years) rarely produce awards beyond 12 months. Mid-length marriages typically generate awards lasting one-third to one-half of the marriage length. Long marriages (20+ years) may support extended or permanent maintenance.

Can spousal support be modified in Vermont? Yes. Under 15 V.S.A. § 758, either party can petition for modification upon showing a real, substantial, and unanticipated change of circumstances. This applies even to stipulated orders. Voluntary reductions in income or foreseeable changes typically do not qualify.

Does remarriage end alimony in Vermont? Not automatically. Remarriage or cohabitation is relevant to modification only if it materially changes the recipient's financial security. The paying spouse must petition the court and prove the change. Courts may include termination-on-remarriage clauses in the original decree, but absent such a clause, the § 758 modification standard applies.