Divorce Alimony in Vermont

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As per the divorce laws in this state, marital misconduct is not a hurdle for obtaining alimony. Such a spousal support may be granted to either husband or wife. The term "maintenance" is used to mean alimony in Vermont. It may be of a permanent nature or a temporary nature (i.e. rehabilitative).

Relevant factors in determination of Divorce Vermont Alimony

• The relation between cost of living and inflation
• Does the spouse, from whom alimony is demanded, have the capacity to fulfill own reasonable requirements as well as those of the spouse requesting for alimony?
• The emotional state, physical condition and age of both partners
• The duration of marital life
• The standard of living experienced in marital life
• The spouse seeking spousal support needs how much duration and expenditure to attain adequate education and training to find a suitable job?
• The following points regarding the spouse requesting for alimony
  • All the financial sources
  • The marital property awarded during divorce proceedings
  • The capacity to fulfill own requirements independently
  • If a child resides with this party and is being paid child support, what extent of this support comprises of some money for the spouse as custodian?

This topic is addressed in Vermont statutes: Title 15, Chapter 11, Section 752.

Entitlement for Divorce Vermont Alimony

When the court detects that the spouse seeking alimony is in the following circumstances, the court considers such a spouse eligible for getting alimony.

• The spouse fails to support self by means of proper employment to continue the standard of living established during marital life or is the custodian of a child, and
• The spouse is in dearth of adequate income or property or both to cater to his/her reasonable requirements. This property is inclusive of property awarded in the divorce settlement

Let us assume after the original divorce decree was granted, the recipient of alimony becomes disabled. Hence, this recipient is not able to work. In such a case, the payer of alimony may be required to increase the spousal support.

However, sometimes it may happen that at the final hearing, spousal support is not granted. If such a spouse becomes disabled after the divorce, he/she cannot request for alimony. The remedy is that the needy spouse must request for nominal support during the divorce proceedings. Then, in case of disability, this needy spouse may further request for modification of alimony.

Characteristics of Vermont Alimony

• The court awards alimony to either spouse if it thinks the award is just and equitable
• The major basis of this award is the financial circumstances of the spouses
• The primary factors in this decision is the ability of one spouse to pay and the requirements of the other spouse
• The present situation is such that most of the spouses are usually employed. So, alimony is generally granted for a brief duration and the amount is also smaller as compared to the past
• If the circumstances of any of the spouses alter after the original award, the court may issue orders to increase or decrease the alimony

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