Vermont calls it spousal maintenance. Discretionary. Courts weigh financial resources, property awards, age, health, and the standard of living—no formula. Forms include Temporary and long-term maintenance; rehabilitative structuring is common.. That is what separates Vermont spousal maintenance from a generic national summary. Read 15 V.S.A. § 752 before the background sections below. Duration: Duration is equitable; longer marriages more often support longer awards. Termination: Death, remarriage, or a court-ordered end date; cohabitation may support modification.
Eligibility and statutory factors
Discretionary. Courts weigh financial resources, property awards, age, health, and the standard of living—no formula.
Fault. Fault is generally not emphasized in maintenance determinations.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of spousal maintenance in Vermont
Temporary and long-term maintenance; rehabilitative structuring is common.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Vermont does not use a statewide calculator for final spousal maintenance. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
A concrete Vermont scenario
Here is one way the Vermont pieces fit together. Change any fact and the statute may point somewhere else.
One spouse asks a Vermont court for spousal maintenance after a divorce filing.
- Use the label and statute Vermont actually uses: spousal maintenance under 15 V.S.A. § 752.
- There is no formula. Apply the statutory factors: Discretionary. Courts weigh financial resources, property awards, age, health, and the standard of living—no formula.
- Set duration from Vermont rules: Duration is equitable; longer marriages more often support longer awards.
- Identify what ends the award: Death, remarriage, or a court-ordered end date; cohabitation may support modification.
Possible after long marriages with lasting disparity, subject to modification. Fault: Fault is generally not emphasized in maintenance determinations. TCJA: post-2018 maintenance is not federally deductible/includible; Vermont generally conforms.
How long spousal maintenance lasts
Duration is equitable; longer marriages more often support longer awards.
Permanent / indefinite support. Possible after long marriages with lasting disparity, subject to modification.
When spousal maintenance ends or can be changed
Death, remarriage, or a court-ordered end date; cohabitation may support modification.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Vermont-specific.
Taxes
TCJA: post-2018 maintenance is not federally deductible/includible; Vermont generally conforms.
Child support remains non-deductible and non-taxable. Do not assume spousal maintenance treatment mirrors child support.
Case law: how Vermont courts decide spousal maintenance
These LawDiver opinions illustrate how Vermont appellate courts discuss need, ability to pay, duration, and related issues:
Stephen L. Klein v. Susanne T. Klein
Stephen L. Klein v. Susanne T. Klein, 150 Vt. 466 (1988)
…lly recognized view of spousal maintenance: The function of alimony ... in most cases, is to accomplish the divorce with the least possible social and financial hardship and disruption. This is made clear by the statements in cases and statutes that alimony should, within the limits of the husband’s resources, be such as to maintain the wife’s standard of living as nearly as po…
Vermont opinions such as Stephen L. Klein v. Susanne T. Klein are cited where spousal maintenance is disputed. The court stated: "The function of alimony ... in most cases, is to accomplish the divorce with the least possible social and financial hardship and disruption." That is the language to brief; the rest of the decision supplies the procedural posture.
Henrietta Andrew v. George Andrew
Henrietta Andrew v. George Andrew, 62 Vt. 495 (1889)
…orce is filed, the court may order the payment of temporary alimony. Upon a dissolution, of marriage it may decree to the wife such part of the real and personal estate of the husband, or such sum of money to be paid; *497 in lieu thereof by the husband, as it deems just. It is also •empowered to require sufficient security to be given for the payment of alimony according to th…
Vermont opinions such as Henrietta Andrew v. George Andrew are cited where spousal maintenance is disputed. The court stated: "Upon a dissolution, of marriage it may decree to the wife such part of the real and personal estate of the husband, or such sum of money to be paid; *497 in lieu thereof by the husband, as it deems just." That is the language to brief; the rest of the decision supplies the procedural posture.
Gail L. STICKNEY v. Peter C. STICKNEY
Gail L. STICKNEY v. Peter C. STICKNEY, 170 Vt. 547 (1999)
…640 A.2d 55, 57-58 (1994), citing Krauskopf, Rehabilitative Alimony: Uses and Abuses of Limited Duration Alimony, 21 Fam. L.Q. 573, 586 (1988). The original award of maintenance was clearly intended to compensate plaintiff for her contributions to the family. The change in defendant’s finances does not erase plaintiff’s entitlement to such compensatory maintenance. Plaintiff an…
Vermont opinions such as Gail L. STICKNEY v. Peter C. STICKNEY are cited where spousal maintenance is disputed. The court stated: "A.2d 55, 57-58 (1994), citing Krauskopf, Rehabilitative Alimony: Uses and Abuses of Limited Duration Alimony, 21 Fam. L.Q. 573, 586 (1988). The original award of maintenance was clearly intended to compensate plaintiff for her contributions to the family." That is the language to brief; the rest of the decision supplies the procedural posture.
Carol Johnson v. Robert Johnson
Carol Johnson v. Robert Johnson, 155 Vt. 36 (1990)
…” See also Klein, 150 Vt. at 474, 555 A.2d at 387 (need for spousal support judged not by subsistence but instead in relation to the standard of living established during the marriage). In Klein, we also found that maintenance can serve the purpose of recompensing a homemaker for her contribution to the family’s well-being where that contribution is not otherwise made in the pr…
Vermont opinions such as Carol Johnson v. Robert Johnson are cited where spousal maintenance is disputed. The court stated: "See also Klein, 150 Vt. at 474, 555 A.2d at 387 (need for spousal support judged not by subsistence but instead in relation to the standard of living established during the marriage)." That is the language to brief; the rest of the decision supplies the procedural posture.
Bruce Youngbluth v. Elisabeth Youngbluth — Johnson, J., concurring
Bruce Youngbluth v. Elisabeth Youngbluth — Johnson, J., concurring, 188 Vt. 53 (2010)
…ibited by federal law, such benefits “may be considered for alimony or spousal maintenance payments”); see also Davis v. Davis, 777 S.W.2d 230, 232 (Ky. 1989) (concluding that though courts are prohibited from dividing veterans’ disability benefits as marital property, “if an inequity arises in an individual case, the trial court can resolve the problem ... by making an appropr…
Bruce Youngbluth v. Elisabeth Youngbluth — Johnson, J., concurring is worth reading on Vermont spousal maintenance because the court put the point in its own words: "Davis v. Davis, 777 S.W.2d 230, 232 (Ky. 1989) (concluding that though courts are prohibited from dividing veterans’ disability benefits as marital property, “if an inequity arises in an individual case, the trial court can resolve the problem ..." Use that passage as the starting point, then read the facts that precede it.
Dawn Delozier v. Howard Delozier
Dawn Delozier v. Howard Delozier, 161 Vt. 377 (1994)
…ctive time to career enhancement. Krauskopf, Rehabilitative Alimony: Uses and Abuses of Limited Duration Alimony, 21 Fam. L.Q. 573, 586 (1988); see Klein v. Klein, 150 Vt. 466, 474, 555 A.2d 382, 387 (1988). In determining the extent of the compensatory component of a maintenance award, the family court should give particular consideration to the role of the recipient spouse du…
On spousal maintenance, Dawn Delozier v. Howard Delozier speaks to the Vermont dispute in this passage: "Krauskopf, Rehabilitative Alimony: Uses and Abuses of Limited Duration Alimony, 21 Fam. L.Q. 573, 586 (1988); see Klein v. Klein, 150 Vt. 466, 474, 555 A.2d 382, 387 (1988)." The surrounding opinion shows how the court applied that language to the record.
Kevin A. Downs v. Susan A. Downs
Kevin A. Downs v. Susan A. Downs, 154 Vt. 161 (1990)
…operty to divide, other courts have provided “reimbursement alimony” or “rehabilitative alimony” awards rather than lump-sum awards. See, e.g., Saint-Pierre v. Saint-Pierre, 357 N.W.2d 250, 253 (S.D. 1984) (court should award reimbursement alimony in proper case); cf. Mahoney v. Ma- *165 honey, 91 N.J. 488, 501-05, 453 A.2d 527, 534-36 (1982) (only issue at trial was reimbursem…
Kevin A. Downs v. Susan A. Downs is worth reading on Vermont spousal maintenance because the court put the point in its own words: "See, e.g., Saint-Pierre v. Saint-Pierre, 357 N.W.2d 250, 253 (S.D. 1984) (court should award reimbursement alimony in proper case); cf. Mahoney v. Ma- *165 honey, 91 N.J. 488, 501-05, 453 A." Use that passage as the starting point, then read the facts that precede it.
Michael J. Strauss v. Roberta J. Strauss
Michael J. Strauss v. Roberta J. Strauss, 160 Vt. 335 (1993)
…to find such a job. This is a clear case for rehabilitative alimony. We have here a woman who is healthy, intelligent and not tied down to the care of children. To conclude that she should be awarded permanent alimony would be to conclude that she is some sort of social misfit who will never be able to support herself. The evidence nowhere supports *338 such a conclusion. This…
Michael J. Strauss v. Roberta J. Strauss is worth reading on Vermont spousal maintenance because the court put the point in its own words: "This is a clear case for rehabilitative alimony. We have here a woman who is healthy, intelligent and not tied down to the care of children." Use that passage as the starting point, then read the facts that precede it.
Practical checklist
- Identify the correct statutory label (spousal maintenance) and controlling section (15 V.S.A. § 752).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Vermont law makes it relevant to eligibility or amount.
- Search LawDiver for recent Vermont decisions before mediation.
- Cross-check child support interactions via the Vermont child support guide.
Key takeaways
- Vermont uses the term spousal maintenance under 15 V.S.A. § 752.
- Amount and duration are largely discretionary, guided by statutory factors. Discretionary. Courts weigh financial resources, property awards, age, health, and the standard of living—no formula.
- Common forms include: Temporary and long-term maintenance; rehabilitative structuring is common.
- Duration framework: Duration is equitable; longer marriages more often support longer awards.
- Permanent / indefinite support: Possible after long marriages with lasting disparity, subject to modification.
- Companion child-support guide: Vermont child support guidelines.
What spousal maintenance is (and is not)
Spousal maintenance is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see 15 V.S.A. §§ 653–669; Vermont Child Support Guidelines) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal maintenance. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Vermont's statutory framework.
Frequently asked questions
Does Vermont still award permanent spousal maintenance?
Possible after long marriages with lasting disparity, subject to modification.
How is spousal maintenance calculated in Vermont?
Vermont leaves amount largely to judicial discretion under 15 V.S.A. § 752, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive spousal maintenance?
Duration is equitable; longer marriages more often support longer awards. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal maintenance?
Death, remarriage, or a court-ordered end date; cohabitation may support modification.
Is spousal maintenance taxable?
TCJA: post-2018 maintenance is not federally deductible/includible; Vermont generally conforms.
Where can I read Vermont spousal maintenance opinions?
Open the cases linked above or search LawDiver scoped to Vermont. For support of children, see the Vermont child support guidelines guide.
Disclaimer
This article provides general information about Vermont spousal maintenance and is not legal advice. Confirm the current text of 15 V.S.A. § 752 and consult a licensed Vermont family-law attorney before acting on any rule described here.