Vermont

All states

Luck of the Draw score: 80 out of 100

Vermont lets the judge divide all property of either spouse, whenever acquired, and weigh fault in doing so. Maintenance follows a guideline table that the judge treats as one factor among several, and fault may not be used in setting maintenance. On the book’s scale, 0 is a contract you can read and 100 is one that mostly says “ask the judge.” Vermont ranks 30 of 51, counting from the state that leaves the least to the judge. How the index works, and every state’s score.

Part	Score	The rule, and where it comes from
Property	20 / 20	The court equitably divides all property owned by either or both spouses, however and whenever acquired, after considering listed factors, with no presumption of equal division. 15 V.S.A. § 751
Alimony	10 / 20	Maintenance is set in amounts and for periods the court deems just after considering listed factors, one of which is a guideline table giving a percentage range of the income difference and a duration range as a percentage of marriage length. 15 V.S.A. § 752(b)(9)
Fault	10 / 20	The court may weigh the respective merits of the parties, including fault, in dividing property, but fault and punishment are not valid considerations in awarding maintenance. 15 V.S.A. § 751(b)(12); Slade v. Slade, 2005 VT 39, ¶ 14; Jenike v. Jenike, 2004 VT 83
Lawyers’ fees	20 / 20	The court has equitable discretion to award attorney’s fees in divorce, considering chiefly the parties’ ability to pay. Willey v. Willey, 2006 VT 106, ¶¶ 25-26; 15 V.S.A. §§ 606-607 (suit money)
Second opinion	20 / 20	No statute or rule was found that lets a divorce party remove the assigned judge without cause or demand a jury on property or maintenance. None found (not yet checked against the source)

Getting in

No waiting period. Both parties sign an application, and at least one signs the license in front of a town clerk in any Vermont town. The statutes set no waiting period. The license becomes void if the marriage is not solemnized within 60 days of issue.
18 V.S.A. §§ 5131, 5137; 32 V.S.A. § 1712(1)

Who can marry you. Judges, justices of the peace, and clergy authorized under the rules of their faith may officiate. Anyone may register with the Secretary of State for $100 as a temporary officiant for one named wedding. Quakers, Christadelphians and Baha’is may marry in the manner their society uses. The statute does not address online ordination and requires no witnesses.
18 V.S.A. §§ 5144, 5144a

Common-law marriage: Not available here. A couple cannot form a common-law marriage in Vermont. The Vermont Supreme Court said so in 1978, citing an 1895 decision. No Vermont authority reviewed addresses one formed in another state, though an 1897 decision says a marriage good in form where celebrated is good everywhere.
Stahl v. Stahl, 136 Vt. 90, 385 A.2d 1091 (1978); Morrill v. Palmer, 68 Vt. 1 (1895); State v. Shattuck, 69 Vt. 403 (1897)

Chapter 5 of the book covers getting in, and whether you are in at all.

The property system

Vermont is one of forty-one equitable distribution jurisdictions. Equitable distribution. Each of you owns what’s in your own name during the marriage. At a divorce a judge divides the marital property as the judge finds equitable, which is not a promise of half. Chapter 11 of the book covers what that means, and Chapter 22 covers what happens to it when you move.

What counts as marital. Vermont is an all-property state. All property owned by either spouse, however and whenever acquired, is before the court, including premarital property, gifts and inheritances. The judge divides it equitably, weighing factors such as the length of the marriage and through whom the property came. An inheritance not yet vested and still changeable is excluded.
15 V.S.A. § 751

An inheritance that touches a joint account

A judge can reach it either way. An inheritance can be divided whether or not it touches a joint account, because all property is before the court. Title does not control unless the judge can divide fairly without disturbing separate property. The judge may weigh through whom the property came and each spouse’s contribution to it.
15 V.S.A. § 751(a), (b)(10), (b)(11)

Chapter 12 explains how mine becomes ours.

Your spouse’s medical bills (Article 5)

Generally, you don’t owe your spouse’s bills. The Vermont Supreme Court abolished the common-law necessaries doctrine rather than extend it to wives, leaving the question to the Legislature, and no family-expense statute makes a spouse liable; by statute a wife’s separate property is not liable for her husband’s debts.
Medical Center Hospital of Vermont v. Lorrain, 165 Vt. 12, 675 A.2d 1326 (1996); 15 V.S.A. § 66

Chapter 8 of the book explains the three ways states handle this.

If one of you dies (Article 9)

The surviving spouse may waive the will and take one-half of the balance of the probate estate after allowances, claims and expenses; non-probate assets are not included.
14 V.S.A. § 319

Chapter 9 covers what a will can and can’t take away from a spouse.

Prenups and postnups (Article 12)

One look, under case law only. A prenuptial agreement is enforced if each spouse made fair and reasonable financial disclosure, entered it voluntarily, and its property terms are fair; unconscionability is measured by the circumstances at signing. Even a valid agreement will not be enforced if at divorce it would leave a spouse a public charge or close to it.
Bassler v. Bassler, 156 Vt. 353, 593 A.2d 82 (1991); Stalb v. Stalb, 168 Vt. 235, 719 A.2d 421 (1998); Lacroix v. Rysz, 2025 VT 16

What an agreement needs. An agreement made in consideration of civil marriage must be in writing and signed by the party to be charged; no statute requires notarization, witnesses, a waiting period or counsel for a prenup’s divorce terms. A written waiver of the elective share and other death rights, before or during marriage, must be signed by the waiving spouse and is invalid if involuntary, unconscionable when signed or in application after a later material change, made without fair disclosure of the decedent’s finances, or made without an opportunity for meaningful access to independent counsel.
12 V.S.A. § 181(3); 14 V.S.A. § 323

Chapter 29 explains one look and two, and what makes agreements stick.

Children (Article 8)

Child support: income shares. A guideline sets a total support amount from both parents’ combined available income, and each parent’s share is in proportion to income. The court may continue support until 18 or the end of secondary education, whichever is later. A college amount can be added to the order only if the parents agree.
15 V.S.A. §§ 654, 656(a), 658(c), 659(b); 1 V.S.A. § 173

Moving away with a child. No Vermont statute sets a relocation notice period or restricts a move. A parent with sole physical responsibility decides where the child lives. To block that, the other parent must seek a custody change and show a transfer is necessary for the child’s best interests, which is hard to prove. With shared custody, the judge reassesses custody.
Quinones v. Bouffard, 2017 VT 103; Lane v. Schenck, 158 Vt. 489, 614 A.2d 786 (1992); Hoover v. Hoover, 171 Vt. 256, 764 A.2d 1192 (2000); 15 V.S.A. § 668

Chapter 17 covers the children.

Getting out (Article 2)

How long you must live here before filing: six months. One spouse must have lived in Vermont for six months before filing, and one spouse must have lived there for one year before the final hearing. A narrow exception lets nonresidents married in Vermont file together by stipulation if neither home state recognizes the marriage for divorce and they have no minor children.
15 V.S.A. § 592

How long it takes. One spouse can obtain a divorce after living apart for six consecutive months if the judge finds that resuming the marriage is not reasonably probable. A decree becomes final 90 days after entry unless the judge sets an earlier date. With the one-year residency rule, a new arrival waits about 455 days.
15 V.S.A. §§ 551(7), 554(a), 592(a)

The legal minimum for a spouse who moves here alone and files as soon as allowed, with no minor children and the other spouse objecting, is about 455 days from arrival to a final decree (365 days of residence before final hearing + 90 before the decree is final). Courts often take longer.

If you moved here from another state

A prenup can keep the law of the state where it was made. In 2006 Vermont’s Supreme Court applied California law to a prenup made in California, in a divorce here.
Gamache v. Smurro, 2006 VT 67, 180 Vt. 113

Chapter 22 covers what changes when you move.

Each entry on this page comes from the statute, rule or case it cites, read in September or November 2026, except where the entry says it has not been checked. A rule can change after that, and a rule on paper can play out differently in a particular courthouse. No lawyer reviews these pages.

If you practice family law in Vermont and would like to correct or contribute to this page, write to me.

Meanwhile

• The default contract, with the options states choose among. Read it with a Vermont lawyer, or paste it into a chatbot along with “I live in Vermont” and treat what comes back as a list of questions, not answers.
• Three contracts you could sign instead.
• A worksheet for reading it together, and every state’s Luck of the Draw score.
• Corrections, including changes in the law since the book went to press.
• About the book.