Introduction
The process of divorce can be emotionally challenging for both parties involved, especially when it comes to the division of assets and determining spousal support. In the state of Vermont, spousal support, commonly known as alimony, is intended to provide financial assistance to the spouse who earns less or does not earn any income after the divorce. However, as financial situations can change over time, there may be a need to modify the spousal support orders. This article aims to delve into the details of Vermont divorce laws and spousal support modifications, offering a comprehensive understanding of the topic.
Vermont Divorce Laws
Grounds for Divorce
When filing for divorce in Vermont, there are several grounds which may be used, including:
- Adultery: When one spouse engages in extramarital affairs.
- Incurable insanity: When a spouse suffers from an incurable mental illness.
- Willful desertion for at least seven years: When one spouse abandons the other for a period of seven years or longer.
- Imprisonment for three years or more: When a spouse has been incarcerated for a duration of three years or more.
- Cruel and inhuman treatment causing bodily harm or mental suffering: When one spouse inflicts physical harm or causes significant emotional distress to the other.
- Living separate and apart for more than six months due to irreconcilable differences: When the spouses have been living separately for over six months due to irreparable breakdown of the marriage.
Property Division
In Vermont, the court adopts an equitable distribution approach when it comes to dividing marital property. This means that the court aims to divide assets and debts acquired during the marriage in a manner that is fair and just. Marital property refers to any assets or debts amassed during the marriage, while separate property refers to assets or debts owned by either party prior to the marriage. In determining the division, the court also takes into account factors such as the duration of the marriage, each spouse’s contribution to the marriage, and their respective financial resources.
Spousal Support
In Vermont, spousal support can be awarded to either spouse based on various factors, including:
- The duration of the marriage.
- The age and overall health of the parties involved.
- The financial resources available to each spouse.
- The standard of living established during the course of the marriage.
- The earning capacity of each spouse.
- The contribution made by each spouse to the marriage.
Spousal support can be ordered for a specific duration or until further notice from the court. Additionally, it may be subject to modification in the event of a substantial change in circumstances.
Spousal Support Modifications
Grounds for Modification
Spousal support can be modified in Vermont when there has been a significant change in circumstances that was unforeseen at the time of the divorce. Some examples of substantial changes in circumstances include:
- Remarriage of the spouse receiving support.
- Cohabitation of the recipient spouse with another person.
- Increase in the recipient spouse’s earning capacity.
- Decrease in the recipient spouse’s need for support.
- Decreased ability of the paying spouse to provide support due to job loss or health issues.
Process for Modification
To initiate a modification of spousal support in Vermont, the party seeking the modification must file a Motion to Modify with the court. The motion should outline the substantial change in circumstances and the requested modification. The other party will have the opportunity to respond to the motion, and if necessary, a hearing may be scheduled. During the hearing, the court will evaluate the evidence presented and make a decision based on the best interests of both parties involved.
Retroactive Modification
Spousal support modifications in Vermont may be applied retroactively to the date of filing the motion or as specified by the court. However, if there is a written agreement between the parties explicitly stating that support is non-modifiable and non-retroactive, the court will not retroactively modify support.
Conclusion
The process of divorce and determining spousal support can be complex and emotionally taxing. It is crucial to have a strong understanding of the divorce laws in Vermont and be aware of the potential for spousal support modifications in the event of substantial changes in circumstances. If you are considering divorce or have questions regarding spousal support in Vermont, seeking guidance from an experienced family law attorney can be immensely helpful in navigating this challenging process.