A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Vermont, adultery can have legal implications in the context of divorce proceedings. While Vermont is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing like adultery to obtain a divorce, the behavior of the spouses during the marriage, including the dissipation of marital assets, can be considered by the court when making decisions about property division. If a spouse has spent marital funds on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider this expenditure as a factor in the equitable distribution of marital property. The non-cheating spouse may argue that the marital estate should be reimbursed for the value of the gifts given to the paramour. The court may order the cheating spouse to return the gift or compensate the marital estate with separate property funds, especially if the gift retains its value, such as in the case of jewelry. However, each case is unique, and the specific circumstances will influence the court's decision. An attorney can provide guidance on how these principles may apply to an individual's situation.