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.
- 2
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).
- 5
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).
- 6
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
Court Decree of Legal Separation
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.
Grounds Track the Divorce Statute
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.
Permanent or Limited Time
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.
Six-Month Residency to File
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.
One-Year Residency for a Final Decree
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.
Support and Maintenance
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.
Property Belongs in a Settlement Agreement
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.
Reasons to Choose Separation Over Divorce
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.