Vermont Spousal maintenance: Eligibility, Amount, and Duration

Vermont calls post-divorce spousal payments spousal maintenance. Awards are governed primarily by 15 V.S.A. § 752. This guide covers eligibility, how courts set amount and duration, when support ends, and how Vermont case law frames the analysis. Open linked opinions in LawDiver for the full text.

Primary keywords: Vermont spousal maintenance, 15 VSA 752, Vermont divorce alimony, Vermont long-term maintenance

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.

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.

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:

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…

Use this decision — and the surrounding Vermont appellate line — when briefing need, ability to pay, duration, or modification of spousal maintenance.

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…

Use this decision — and the surrounding Vermont appellate line — when briefing need, ability to pay, duration, or modification of spousal maintenance.

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…

Use this decision — and the surrounding Vermont appellate line — when briefing need, ability to pay, duration, or modification of spousal maintenance.

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…

Use this decision — and the surrounding Vermont appellate line — when briefing need, ability to pay, duration, or modification of spousal maintenance.

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.

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.