Vermont
Legal Separation in Vermont: Grounds, Forms and What It Does (2026)
Independently fact-checked against primary sources (last audited October 10, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Vermont allows legal separation under 15 V.S.A. § 555, which provides that "A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted." The spouses stay married, but the court can divide property and debts and make orders about children and support.
Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation in Vermont under 15 V.S.A. §§ 551, 555, 560, 592, 594a, 751, 752 and 753, and the Vermont Judiciary's legal separation guidance. It does not cover support-only actions without a separation case, separation agreements made outside court, or the law of other states. For ending the marriage, see Vermont divorce laws.
Does Vermont allow legal separation?
Yes. Section 555 of Title 15 is the operative statute, and it ties legal separation to the divorce grounds: "A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted."
The phrase "forever or for a limited time" means the court can grant a separation with no end date or for a set period. Either way, the marriage itself continues.
Grounds for legal separation in Vermont
Because § 555 imports the divorce causes, the grounds are those in 15 V.S.A. § 551. They include adultery, imprisonment, intolerable severity, willful desertion or a seven-year absence, refusal to maintain, permanent mental incapacity, and living apart.
Section 551(7), the living-apart ground, applies "when a married person has lived apart from his or her spouse for six consecutive months and the court finds that the resumption of marital relations is not reasonably probable." For more on each ground, see Vermont divorce laws.
Residency and where to file
Vermont's residency statute, 15 V.S.A. § 592(a), is worded for "divorce or annulment of civil marriage." It allows a complaint when either spouse has lived in Vermont for six months or more, and it requires one year of residency before the final hearing in a divorce. The section does not mention legal separation by name.
The Vermont Judiciary says the legal separation process is the same as the divorce process. The statutes cited here do not state a separate residency period for legal separation, so ask the Family Division clerk which residency rule the court applies to a separation complaint.
Forms and how the case works
Legal separation cases use the divorce forms. The Vermont Judiciary legal separation page lists, among others:
- Complaint for Divorce/Legal Separation/Dissolution without Children (400-00836NoChildren)
- Final Stipulation: Property, Debt and Spousal Support (400-00878)
- Stipulation and Motion to Waive Final Hearing (400-00841)
- Checklists 400-00022 and 400-00023
- The VTCourtForms guided interview
What the court can order in a legal separation
The Vermont Judiciary explains: "In a legal separation case the parties can ask the court for orders dividing their property, assets, and debts. If they have minor children together, the court can also make orders related to parental rights and responsibilities (custody), parent-child contact (parent-time), and child support."
The statutes add two more layers:
- Temporary orders. Under 15 V.S.A. § 594a, the court can grant temporary relief once a complaint for absolute divorce or legal separation is filed.
- Property and maintenance. Sections 751(a) and 752(a) govern property division and spousal maintenance in a proceeding "under this chapter," which is Chapter 11, the chapter that contains § 555.
For how spousal maintenance is set, see Vermont alimony laws. For how the court decides parental rights and responsibilities, see Vermont child custody laws.
What changes, and what does not, after a legal separation
You stay married. The Judiciary's legal separation page states that the parties are still married to each other and cannot marry anyone else. The remarriage section, 15 V.S.A. § 560, applies only when a marriage is dissolved.
Real estate and inheritance. Section 753 changes two things after a legal separation: "a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply." Section 753 addresses descent; the separate rule in 14 V.S.A. § 320 that cancels will gifts to a former spouse applies to a final divorce or dissolution order where the decedent was no longer married at death, so a spouse who wants to change a will after a separation should do so expressly. A Vermont lawyer can explain how these sections affect an estate plan in a particular case.
Turning a legal separation into a divorce
There is no automatic conversion. According to the Vermont Judiciary, if the court grants a legal separation and either spouse later wants a divorce, they must file a new case, complete the divorce forms, and pay a new filing fee or ask the court to waive it.
The new divorce case must rest on a divorce ground in § 551 and meet the residency rules in § 592(a). The six-month living-apart ground in § 551(7) is a divorce ground, and whether a particular period of separation satisfies it is a question for the court in the new case.
Disclaimer: This article provides general legal information about legal separation in Vermont under 15 V.S.A. § 555 and related sections. It is not legal advice. The information was last verified on 2026-10-10. For advice about a specific situation, consult a lawyer licensed in Vermont or use the Vermont Judiciary's self-help resources.
Related
- Legal separation laws in every state
- Vermont divorce laws
- Vermont alimony laws
- Vermont child custody laws
- Vermont child support laws
Last updated: 2026-10-10.
Frequently Asked Questions
Is legal separation an option in Vermont?
Yes. 15 V.S.A. § 555 allows a legal separation forever or for a limited time on any ground for which Vermont grants an absolute divorce.
What are the grounds for legal separation in Vermont?
The divorce grounds in 15 V.S.A. § 551, which include living apart for six consecutive months when the court finds resuming the marriage is not reasonably probable (§ 551(7)).
Can I remarry after a legal separation in Vermont?
No. The Vermont Judiciary says legally separated spouses are still married and cannot marry anyone else; the remarriage section, 15 V.S.A. § 560, applies only to a dissolved marriage.
Does a Vermont legal separation divide property?
It can. The Vermont Judiciary says the court can divide property, assets and debts in a legal separation case, and 15 V.S.A. §§ 751-752 govern property and maintenance in Chapter 11 proceedings.
How do I convert a legal separation to a divorce in Vermont?
The Vermont Judiciary says you must file a new divorce case, complete the divorce forms, and pay a new filing fee or request a waiver.
Can a separated spouse in Vermont sell real estate alone?
After a legal separation, 15 V.S.A. § 753 lets a spouse convey his or her real estate without the other spouse's signature or consent.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 11: Annulment and Divorce, Subchapter: DIVORCE
§ 555Legal separationIn force
A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted. (Amended 1981, No. 247 (Adj. Sess.), § 1.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
§ 551Grounds for divorce from bond of matrimonyIn forcecited in 2 of our articles
A divorce from the bond of matrimony may be decreed: (1) for adultery in either party; (2) when either party is sentenced to confinement at hard labor in the State prison in this State for life, or for three years or more, and is actually confined at the time of the bringing of the libel; or when either party being without the State, receives a sentence for an equally long term of imprisonment by a competent court having jurisdiction as the result of a trial in any one of the other states of the United States, or in a federal court, or in any one of the territories, possessions, or other courts subject to the jurisdiction of the United States, or in a foreign country granting a trial by jury, and is actually confined at the time of the bringing of the libel; (3) for intolerable severity in either party; (4) for willful desertion or when either party has been absent for seven years and not heard of during that time; (5) on complaint of either party when one spouse has sufficient pecuniary or physical ability to provide suitable maintenance for the other and, without cause, persistently refuses or neglects so to do; (6) on the ground of permanent incapacity due to a mental…
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 34 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Nickerson v. Nickerson (Supreme Court of Vermont 1992, 158 Vt. 85)“…use a former primary-care-provider to lose that status. See 15 V.S.A. § 551(7) (a divorce may be decreed “[w]hen a…”
- Emmons v. Emmons (Supreme Court of Vermont 1982, 141 Vt. 508)“…esumption of marital relations was not reasonably probable. 15 V.S.A. § 551(7). The trial court made findings of fa…”
- Mandigo v. Mandigo (Supreme Court of Vermont 1970, 128 Vt. 446)“…ch the libelant must affirmatively prove under the statute, 15 V. S.A. § 551(7), as it existed at the time of the se…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Divorce Laws (2026): Grounds, Residency, and Process
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 11: Annulment and Divorce, Subchapter: PROPERTY SETTLEMENT; MAINTENANCE
§ 753Conveyance of realty after legal separationIn force
In all cases where a legal separation has been granted, a spouse may convey his or her real estate without the signature or consent of the other spouse, and the laws of descent applicable to absolute divorce shall apply. (Amended 1981, No. 247 (Adj. Sess.), § 8.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
§ 751Property settlementIn forcecited in 3 of our articles
(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 either or 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: (1) The length of the civil 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.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 191 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gennifer Noble v. Aaron Noble (Supreme Court of Vermont 2020, 251 A.3d 541)“…s not entitled to the requested discovery from father under 15 V.S.A. § 751(b)(8), as amended following this Court’…”
- Drumheller v. Drumheller (Supreme Court of Vermont 2009, 185 Vt. 417)“…of the statutory factors pertaining to property division in 15 V.S.A. § 751. Based on its analysis of the statutory…”
- Gazo v. Gazo (Supreme Court of Vermont 1997, 166 Vt. 434)“…roperty award, failed to consider the factors enumerated in 15 V.S.A. § 751(b) and neglected to state the reasons f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Spousal Maintenance (Alimony) Laws: How It Works (2026), Vermont Prenuptial Agreement Laws: The Bassler Test Explained (2026)
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 11: Annulment and Divorce, Subchapter: PROCEEDINGS GENERALLY
§ 594aTemporary reliefIn force
Either party or both parties to a civil marriage may apply for temporary relief at any time following the separation of the parties to the marriage coincidental with, or subsequent to the filing of complaint for absolute divorce or legal separation. The court to which the cause is returnable, or a Superior judge, on such notice to the adverse party as the court or judge directs, may make such orders pending final hearing and further order of the court as the court would be authorized to make upon final hearing. A prompt hearing will be held, and the evidence shall be recorded by a court reporter. The court or judge shall issue an order within 14 days from the date of the hearing. Failure of the court or judge to issue an order within 14 days shall not affect the validity of any order issued after the 14-day period. (Added 1981, No. 247 (Adj. Sess.), § 2; amended 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 11, § 38.)
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
§ 592ResidenceIn forcecited in 3 of our articles
(a) A complaint for divorce or annulment of civil marriage may be brought if either party to the marriage has resided within the State for a period of six months or more, but a divorce shall not be decreed for any cause, unless the plaintiff or the defendant has resided in the State one year next preceding the date of final hearing. Temporary absence from the State because of illness, employment without the State, service as a member of the U.S. Armed Forces, or other legitimate and bona fide cause shall not affect the six months’ period or the one-year period specified in the preceding sentence, provided the person has otherwise retained residence in this State. (b) Notwithstanding provisions to the contrary, a complaint for divorce may be filed in the Family Division of Superior Court in the county in which the marriage certificate was filed by parties who are not residents of Vermont provided all of the following criteria are met: (1) The marriage was established in Vermont. (2) Neither party’s state of legal residence recognizes the couple’s Vermont marriage for purposes of divorce. (3) There are no minor children who were born or adopted during the marriage.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Duval v. Duval (Supreme Court of Vermont 1988, 149 Vt. 506)“…d that plaintiff did not meet the residency requirements of 15 V.S.A. § 592; reiterating the UCCJA jurisdictional i…”
- Conley v. Crisafulli (Supreme Court of Vermont 2010, 188 Vt. 11)“…rson has otherwise retained residence in this state. 15 V.S.A. § 592. However, “[residency, for purposes of…”
- Lafko v. Lafko (Supreme Court of Vermont 1969, 127 Vt. 609)“…ibel. The requirements of residence are set forth in 15 V.S.A. §592: A libel for divorce or annulmen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont Annulment Laws: Grounds, Deadlines and How to File (2026)
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Sources and References
- 15 V.S.A. § 555 (legal separation)(legislature.vermont.gov).gov
- 15 V.S.A. § 551 (grounds for divorce)(legislature.vermont.gov).gov
- 15 V.S.A. § 592 (residence of parties)(legislature.vermont.gov).gov
- Vermont Judiciary, Legal Separation(vtcourts.gov).gov
- 15 V.S.A. § 594a (temporary relief)(legislature.vermont.gov).gov
- 15 V.S.A. § 751 (property settlement)(legislature.vermont.gov).gov
- 15 V.S.A. § 560 (remarriage)(legislature.vermont.gov).gov
- 15 V.S.A. § 753 (effect of legal separation on real estate and descent)(legislature.vermont.gov).gov
- Vermont Statutes, Title 15, Chapter 11 (Annulment and Divorce), table of sections(legislature.vermont.gov).gov
- 14 V.S.A. § 320 (effect of divorce order on a will)(legislature.vermont.gov).gov