How Vermont Divides Property in Divorce (2026)

Vermont is an equitable distribution state (15 V.S.A. § 751). The Family Court divides marital property fairly based on all relevant statutory factors — not automatically 50/50.

Marital vs. Separate Property

Marital Property — Subject to Division

All property acquired by either spouse during the marriage, regardless of whose name it is titled in.

Separate Property — Generally Set Apart

• Property owned before the marriage
• Gifts received by one spouse
• Inheritances received by one spouse

Note: Vermont has broad equitable authority. Appreciation in separate property during the marriage and commingling may affect classification. Document all separate property carefully.

Equitable Distribution — Vermont Factors (15 V.S.A. § 751(b))

Vermont Family Court considers:

1. The length of the marriage
2. The age and health of the parties
3. The occupation, source and amount of income, vocational skills, and employability of each party
4. The contribution of each party to the acquisition, preservation, and depreciation or appreciation of their respective estate
5. The ability and opportunity of each party to acquire future capital assets and income
6. The contribution of either party as homemaker
7. The economic circumstances of each party at the time the division of property is to become effective
8. The value of property set apart to each spouse
9. The merits of the parties — Vermont may consider marital fault

Spousal Maintenance — Vermont Term (15 V.S.A. § 752)

Vermont uses "spousal maintenance" — not "alimony" or "spousal support." Courts award maintenance at their discretion based on:

• Length of the marriage
• Age and physical/mental health
• Earning capacity and financial resources
• Standard of living during the marriage
• Contributions to career/education of other spouse
• Property division

Both rehabilitative and longer-term maintenance are available.

Retirement Accounts

• ERISA plans (401k, 403b, pension): QDRO required after Decree
• Vermont State Employees' Retirement System (VSERS): Contact VSERS directly for DRO procedures. Vermont state employees must use VSERS-specific procedures.
• IRAs: Transfer incident to divorce — Decree language; direct rollover

Real Estate — Vermont Town Clerk

Vermont uses towns (not counties) for land records. The Town Clerk of each town maintains deed records — NOT a county recorder.

After divorce:

1. Prepare Quitclaim Deed or Warranty Deed
2. Execute and notarize
3. Record at the Town Clerk's office for the town where the property is located
4. Fee: approximately $15–$25 per document
5. Vermont Property Transfer Tax implications — verify whether divorce-related transfers qualify for exemption

Last reviewed: March 2026 | Equitable distribution (15 V.S.A. § 751) | Separate = pre-marital/gifts/inheritances | Spousal maintenance (15 V.S.A. § 752) | QDRO for ERISA plans | Vermont VSERS DRO | Vermont Town Clerk — town-level land records | vermontjudiciary.org/family/divorce

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.