Divorce is an emotional and trying process for all those who go through it. Along with the emotional turmoil, there are also many legal issues to consider, especially property distribution. Every state has different laws that govern how marital property is divided between the spouses in a divorce settlement. This article will discuss Vermont divorce laws concerning property distribution during a divorce.
No-Fault Divorce
Vermont has a no-fault divorce law. This means that the court does not require either spouse to prove misconduct such as adultery or cruelty. Instead, the court only requires that at least one spouse states that the marriage has broken down irretrievably, which is sufficient grounds for the divorce.
Property Division
Vermont is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally. Only marital property is subject to division, which is property obtained by either spouse during the marriage. Separate property, which is property obtained by either spouse prior to marriage, remains with the original owner.
Marital Property
Marital property includes all property acquired by either spouse during the marriage, regardless of whose name is on the title. This includes the family home, furniture, vehicles, bank accounts, investments, retirement plans, and other property acquired during the marriage.
Factors Considered for Division of Marital Property
During a divorce, the court considers the following factors when dividing marital property:
- The length of the marriage
- Each spouse’s financial contribution towards acquiring and maintaining the marital property
- Each spouse’s role in the marriage, including child-rearing and homemaking
- Each spouse’s earning potential and financial needs after the divorce
- Each spouse’s health and age
- Any other relevant factors
Court Process for Dividing Marital Property
Upon filing for divorce in Vermont, the couple must provide a complete and current inventory of all assets and debts. The couple can agree on a property settlement and submit it to the court for approval. If the couple cannot agree, the court will hold a hearing and make a decision based on the evidence presented.
Property Division Options
There are three options for dividing marital property:
- One spouse receives certain assets while the other receives other assets of equal value
- Sell the marital property and divide the proceeds
- One spouse retains ownership of the property for a certain period of time, after which it will be sold, and the profits will be divided between the spouses
Spousal Support
Vermont laws also allow for spousal support, also known as alimony, to be ordered in a divorce settlement. The court considers several factors when determining spousal support, including:
- The length of the marriage
- Each spouse’s financial resources and earning capacity
- Each spouse’s ability to pay
- Each spouse’s age, health, and needs
- Any other factors the court deems relevant
In Vermont, the court can order temporary or permanent spousal support, depending on the circumstances of the case.
Conclusion
Divorce can be a challenging experience, and understanding Vermont’s divorce laws can help ease some of the challenges associated with the legal process. Marital property division and spousal support are complex issues that require the attention of an experienced attorney. With guidance from an attorney, couples can navigate the legal system and work towards a fair and reasonable divorce settlement.