In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as maintenance in Vermont. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in Vermont is to support a spouse who lacks sufficient income or property to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment at the standard of living established during the marriage. For a full text of the divorce laws in Vermont, go to Vermont Statutes Online.

To be eligible for alimony, spouses in all states, including Vermont, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In most states, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do have the option of returning to court to force payment through a contempt action.

In Vermont, maintenance may be rehabilitative, which is temporary, or permanent. Rehabilitative maintenance may be paid for a specific amount of time, usually one or two years, to help one partner become financially independent and “get back on their feet.” It is the most commonly awarded type of alimony and may include payments for the education necessary for the recipient spouse to become self-sufficient. Permanent alimony is paid regularly for an indefinite period of time or until the payee petitions the court to modify or discontinue the payments. In most states, including Vermont, remarriage of the recipient spouse will terminate alimony.

The type and amount of alimony awarded depends on a variety of factors.  According to lawyers.com, Vermont law recommends that courts consider the following factors when awarding alimony:

• The financial resources of the spouse seeking maintenance, including property apportioned to such spouse and such spouse's ability to meet his or her needs independently
• The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find appropriate employment
• The standard of living established during the marriage
• The length of the marriage
• The age and physical and emotional condition of each spouse
• The ability of the spouse from whom support is being sought to meet his or her needs while meeting those of the spouse seeking maintenance
• The effects of inflation on the cost of living
• Any other relevant factors

In the United States, alimony is treated differently tax wise from child support payments. In Vermont, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement.  For a summary of divorce law in the state of Vermont, go to divorcesource.com.