Vermont Legal Separation Agreement
Vermont grants a court decree of legal separation under 15 V.S.A. 555, forever or for a limited time, so a couple stays married while affairs are settled.
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Introduction
Vermont grants a court decree of legal separation under 15 V.S.A. 555, which lets a married couple formally separate while staying legally married and unable to remarry. By statute a legal separation, forever or for a limited time, may be granted for any of the causes for which an absolute divorce may be granted (15 V.S.A. 555), so the grounds are the same as for a divorce, including the common no-fault ground that the couple has lived apart for six consecutive months with no reasonable probability that they will resume the marital relationship. One feature specific to Vermont is that the decree can be permanent or for a limited time, so a couple can obtain a separation that is expressly temporary. Vermont's residency rule for these actions is in 15 V.S.A. 592: a complaint may be brought if either party has resided in the state for six months or more, and a final decree may not be entered unless one of the parties has resided in Vermont for one year before the final hearing. A decree of legal separation does not dissolve the marriage; to end the marriage a party files a separate divorce case. Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce. The division of property in a Vermont separation follows the same equitable rules used in a divorce, so rather than repeat it here, those terms belong in a Vermont Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a Vermont Divorce Petition. DocDraft builds your Vermont legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Vermont grants a court decree of legal separation under 15 V.S.A. 555, so a couple can formally separate through the court while staying legally married; neither spouse may remarry, and the marriage ends only through a later divorce.
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A Vermont legal separation may be granted for any of the causes for which an absolute divorce may be granted (15 V.S.A. 555). The grounds are the same, including the no-fault ground of living apart for six consecutive months with no reasonable probability of resuming the marriage.
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A distinctive feature of Vermont law is that a legal separation may be granted forever or for a limited time (15 V.S.A. 555), so a couple can obtain a separation that is expressly temporary rather than permanent.
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Vermont requires residency to bring the action. A complaint may be brought if either party has resided in the state for six months or more (15 V.S.A. 592).
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A final Vermont decree may not be entered unless one of the parties has resided in Vermont for one year before the date of the final hearing (15 V.S.A. 592).
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A Vermont decree of legal separation does not end the marriage. To dissolve the marriage a party must file a separate divorce case; the decree by itself keeps the couple married.
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Couples choose a Vermont legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
Key decisions before you file
Before you file a Legal Separation Agreement in Vermont, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Vermont Requirements for Legal Separation Agreement
Vermont grants a court decree of legal separation under 15 V.S.A. 555. The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later divorce.
A Vermont legal separation may be granted for any of the causes for which an absolute divorce may be granted (15 V.S.A. 555), including the no-fault ground of living apart for six consecutive months with no reasonable probability of resuming the marriage.
Vermont law allows a legal separation to be granted forever or for a limited time (15 V.S.A. 555), so the court can enter a separation decree that is expressly temporary rather than permanent.
A complaint for legal separation may be brought if either party has resided in Vermont for six months or more (15 V.S.A. 592). Temporary absence for illness, employment, or military service does not break the period if Vermont residence is otherwise kept.
A final Vermont decree may not be entered unless one of the parties has resided in the state for one year before the date of the final hearing (15 V.S.A. 592). This is separate from the six-month rule for filing the complaint.
Vermont courts may order maintenance in a legal separation on the same basis as in a divorce, considering the parties' circumstances. The separation decree fixes support while the couple remains married.
Vermont divides marital property equitably, the same standard used in a divorce. Set out the division of property and debts in a Vermont marital settlement agreement rather than in the separation decree itself.
A Vermont legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Frequently Asked Questions
In Vermont, a legal separation is a court decree by which a married couple formally separates while staying legally married (15 V.S.A. 555). The spouses live apart and the court can address support, property, and parenting, but the marriage is not dissolved and neither spouse may remarry. It differs from a divorce, which ends the marriage, and from simply living apart, which by itself does not create a legal-separation decree. The marriage ends only if the couple later obtains a divorce.
Yes. Vermont is a state where a court can grant a decree of legal separation under 15 V.S.A. 555. Not every state offers a formal decree; some provide only a support action, and some do not recognize legal separation at all. Vermont grants a legal separation for any of the causes for which an absolute divorce may be granted, and the decree may be entered for a permanent or a limited time.
The grounds are the same as for an absolute divorce, because 15 V.S.A. 555 allows a legal separation for any of the causes for which a divorce may be granted. The most common is the no-fault ground that the couple has lived separate and apart for six consecutive months and there is no reasonable probability that they will resume the marital relationship. Vermont also recognizes fault grounds, which are used less often.
Yes. Under 15 V.S.A. 592, a complaint for a legal separation may be brought if either party has resided in Vermont for six months or more. In addition, a final decree may not be entered unless one of the parties has resided in the state for one year before the date of the final hearing. Temporary absence for illness, employment, or military service does not break the required period if the person otherwise keeps Vermont residence.
Yes. Vermont law is specific on this point: a legal separation may be granted forever or for a limited time (15 V.S.A. 555). This means the court can enter a decree of separation that is expressly time-limited rather than permanent. A limited separation can suit a couple that wants formal court orders during a defined period without committing to a permanent separation or a divorce.
A Vermont divorce ends the marriage, so both people are single again and free to remarry. A Vermont legal separation keeps the marriage in place: the couple lives apart and the court can order support and address property and parenting, but they stay married and neither may remarry. The grounds and residency rules track the divorce statute (15 V.S.A. 555, 592), and the separation decree can be permanent or for a limited time.
A Vermont decree of legal separation does not end the marriage, and it does not prevent a later divorce. A spouse who decides to end the marriage files a divorce case, which is governed by the same residency requirements in 15 V.S.A. 592. The earlier legal separation does not bar that step. Vermont treats legal separation and divorce as related actions under the same chapter of the domestic relations law.
People choose a Vermont legal separation over divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a legal separation the same as a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate rather than divorce for religious reasons, and others use it as a trial step, keeping the option to reconcile or to seek a divorce later.