Vermont is an equitable distribution state. The court divides marital property fairly based on statutory factors under 15 VSA §751. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
Default Split
15 VSA §751
Primary Statute
6 months
Min. Residency
Vermont is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under 15 VSA §751, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: 15 VSA §751
ALL property subject to court jurisdiction "however and whenever acquired" — includes premarital, gifts, inheritances.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Marriage length
Age/health
Occupation/income/earning capacity
Contribution to education of other
Value of property interests
Liabilities/needs
In lieu of maintenance
Future acquisition opportunity
Family home to custodial parent
ALL property divisible (VT-unique with WY/MT).
Nonmonetary contributions valued.
"However and whenever acquired."
Enter your assets, debts, and situation. Get a personalized property division estimate based on Vermont law.
Vermont is a equitable distribution state. No 50/50 presumption — ALL property divisible. The primary statute governing property division is 15 VSA §751. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
ALL property subject to court jurisdiction "however and whenever acquired" — includes premarital, gifts, inheritances.
No. Vermont is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
Vermont has several unique features: ALL property divisible (VT-unique with WY/MT). Nonmonetary contributions valued.
Get a personalized property division analysis based on Vermont's equitable distribution laws.
Start My Free VermontEstimate →This tool provides educational estimates based on Vermont equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed Vermont family law attorney before making decisions. Primary statute: 15 VSA §751.