Divorce

Alimony, or maintenance, is financial support paid by, or to, your spouse and can be awarded through a divorce. If you request alimony, the judge will consider the following factors to decide the amount of alimony and for how long alimony will be paid:

• your financial resources, property, and your ability to meet your needs;
• whether you are getting child support for a child living with you;
• the time and money you may need to get education or training to find a job;
• the standard of living during your marriage;
• the length of your marriage;
• the age and physical and emotional condition of you and your spouse;
• the ability of your spouse to meet her/his needs while paying you alimony;
• any inflation for cost of living expenses;
• the impact of both parties reaching the age of eligibility to receive full retirement benefits under Title II of the federal Social Security Act or the parties’ actual retirement, including any expected discrepancies in federal Social Security Retirement benefits; and
• guidelines that take into account the length of marriage and the percentage of difference between the parties’ gross incomes.¹

The judge can order your spouse to make alimony payments that are rehabilitative (temporary until you are able to become more financially stable) or long-term if the judge finds that:

1. you lack income and/or property to provide for your reasonable needs; and
2. you:
   
   • are unable to support yourself with a job that would let you have the same standard of living that you had during your marriage; or
   • have custody of your and your spouse’s child.²

¹ VT ST 15 § 752(b)
² VT ST 15 § 752(a)