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Vermont

JURISDICTIONAL END OF MARRIAGE DATE: Date of Separation. If there is no Separation Date use current date.

STATE TYPE FOR PENSION EVALUATION: Vermont is an "equitable distribution" state. The court shall settle the rights of the parties to their property, by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. Title to the property, whether in the names of the husband, the wife, both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property.

In making a property settlement the court may consider all relevant factors, including but not limited to:

_ The length of the marriage;

_ The age and health of the parties;

_ The occupation, source and amount of income of each of the parties;

_ Vocational skills and employability;

_ The contribution by one spouse to the education, training, or increased earning power of the other;

_ The value of all property interests, liabilities, and needs of each party;

_ Whether the property settlement is in lieu of or in addition to maintenance;

_ The opportunity of each for future acquisition of capital assets and income;

_ The desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children;

_ The party through whom the property was acquired; and

_ The contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the non-monetary contribution of a spouse as a homemaker;

_ The respective merits of the parties.

[Vermont Statutes Annotated; Title 15, Section 751].


Vt. Stat. Ann. tit. 15 '751

Property settlement

(a) Upon motion of either party to a proceeding under this chapter, the court shall settle the rights of the parties to their property, by including in its judgment provisions which equitably divide and assign the property. All property owned by either or both of the parties, however and whenever acquired, shall be subject to the jurisdiction of the court. Title to the property, whether in the names of the husband, the wife, both parties, or a nominee, shall be immaterial, except where equitable distribution can be made without disturbing separate property.

(b) In making a property settlement the court may consider all relevant factors, including but not limited to:

(1) the length of the marriage;

(2) the age and health of the parties;

(3) the occupation, source and amount of income of each of the parties;

(4) vocational skills and employability;

(5) the contribution by one spouse to the education, training, or increased earning power of the other;

(6) the value of all property interests, liabilities, and needs of each party;

(7) whether the property settlement is in lieu of or in addition to maintenance;

(8) the opportunity of each for future acquisition of capital assets and income;

(9) the desirability of awarding the family home or the right to live there for reasonable periods to the spouse having custody of the children;

(10) the party through whom the property was acquired; and

(11) the contribution of each spouse in the acquisition, preservation, and depreciation or appreciation in value of the respective estates, including the nonmonetary contribution of a spouse as a homemaker;

(12) the respective merits of the parties.

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