Vermont Marital Settlement Agreement
A Vermont marital settlement agreement lets divorcing spouses divide their property and debts, set maintenance, and address custody and child support, then have those terms incorporated into the final divorce order. Attorney review available.
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Introduction
Vermont lets the divorce court reach all property either spouse owns, however and whenever acquired and regardless of whose name is on the title, and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the final order that ends the marriage. Vermont is an equitable-distribution state, and an all-property one: all property owned by either or both spouses, however and whenever acquired, is subject to the court, and title is immaterial (15 V.S.A. 751). The court divides that property equitably, meaning fairly, which is not always an equal split, after weighing the factors in 15 V.S.A. 751(b). A Vermont marital settlement agreement lets you propose that division yourselves instead of leaving it to the court. Spousal support in Vermont is called maintenance, and there is no statewide formula for the amount or duration; the court may order maintenance only where the requesting spouse meets the threshold in 15 V.S.A. 752(a), then sets it as it deems just on the 752(b) factors. Custody and child support follow Vermont's statewide child support guideline (15 V.S.A. 654), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once approved, the agreement is incorporated into the divorce order, which is entered as a decree nisi and becomes absolute 90 days after entry (15 V.S.A. 554). DocDraft builds your Vermont marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Vermont the divorce is entered as a decree nisi that becomes absolute 90 days after entry (15 V.S.A. 554), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the order that ends the marriage.
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Vermont is an equitable-distribution state and an all-property one: all property owned by either or both spouses, however and whenever acquired, is subject to the court, and title is immaterial (15 V.S.A. 751). The court divides it equitably, meaning fairly, which is not always equal.
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Because Vermont divides property equitably rather than by a fixed 50/50 rule, the court weighs the factors in 15 V.S.A. 751(b), such as the length of the marriage, each party's income and needs, and contributions as a homemaker. A marital settlement agreement lets spouses set the division themselves.
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Spousal support in Vermont is called maintenance and has no statewide formula. A court may order maintenance only if the requesting spouse lacks sufficient income or property and cannot be self-supporting at the marital standard of living or is a child's custodian (15 V.S.A. 752(a)), then sets it as it deems just on the 752(b) factors.
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Child support follows Vermont's statewide child support guideline, an income-shares model adopted by rule and presumed to be the total obligation (15 V.S.A. 654), divided proportionally between the parents (15 V.S.A. 656). Custody and child support stay court-approved and modifiable and cannot be bargained away.
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Once the court approves it, the marital settlement agreement is incorporated into the final divorce order, giving the agreed terms the force of a court order. The divorce is entered as a decree nisi and becomes absolute 90 days after entry (15 V.S.A. 554).
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A Vermont marital settlement agreement must be in writing and signed by both spouses to be submitted to the court. No Vermont statute was located requiring notarization of the agreement, but signing before a notary can help prove the signatures are genuine.
Key decisions before you file
Before you file a Marital Settlement Agreement in Vermont, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Vermont Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Vermont is an equitable-distribution state, not a community property state. The court divides property fairly, which is not always an equal split, rather than by a fixed 50/50 rule.
All Property Subject to Division
Under 15 V.S.A. 751 all property owned by either or both spouses, however and whenever acquired, is subject to the court, and title is immaterial. Vermont is an all-property state, so even separately titled property can be reached in a fair division.
Property Divided on the Statutory Factors
The court divides property equitably after weighing the factors in 15 V.S.A. 751(b), such as the length of the marriage, each party income and needs, and contributions as a homemaker. A marital settlement agreement lets the spouses propose their own fair division.
No Statewide Maintenance Formula
Spousal support in Vermont is called maintenance and has no statewide formula. A court may order it only if the requesting spouse meets the threshold in 15 V.S.A. 752(a), then sets the amount and period as it deems just on the 752(b) factors.
Child Support Follows the Guideline
Child support follows Vermont statewide child support guideline, an income-shares model presumed to be the total obligation (15 V.S.A. 654), divided proportionally between the parents (15 V.S.A. 656). Custody and child support stay court-approved and modifiable and cannot be bargained away.
In Writing and Signed
A Vermont marital settlement agreement must be in writing and signed by both spouses to be submitted to the court, usually as a stipulation. No Vermont statute was located requiring notarization, but signing before a notary can help prove the signatures are genuine.
Incorporation Into the Final Order
Once the court approves it, the marital settlement agreement is incorporated into the final divorce order, giving the agreed terms the force of a court order. The court must review and approve the agreement before incorporating it.
Decree Nisi 90-Day Wait
A Vermont divorce is entered in the first instance as a decree nisi and becomes absolute at the expiration of 90 days from entry, though the court may fix an earlier date (15 V.S.A. 554). Settling early cannot by itself shorten this wait.