Most states allow spouses seeking a divorce to allege fault in the breakup of the marriage as a basis for the divorce. Alleging the other spouse’s fault—rather than seeking the divorce on no-fault grounds (irreconcilable differences or incompatibility, making the marriage unsustainable)—is generally a basis for requesting the court make an uneven distribution of the marital or community property in favor of the spouse alleging the other’s spouse’s fault.

In states that allow a spouse to seek a divorce on fault grounds, the grounds that may be alleged vary from state to state, but generally include adultery, cruelty, conviction of a felony, family or domestic violence, abandonment, mental illness, and substance abuse (drugs and alcohol). Spouses may also seek a divorce on no-fault grounds in these states.

In no-fault states, a spouse is not allowed to allege fault as grounds for the divorce, and the court is not allowed to consider fault in dividing the marital or community property—but allegations of fault may be considered for other purposes, such as spousal support and child custody. No-fault states include California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin. And in some states “incurable insanity” is a no-fault ground for divorce.

The grounds on which a spouse may seek a divorce (fault or no-fault) are usually located in a state’s statutes—often in the family code or domestic relations code.

In Vermont, spouses seeking a divorce can file on either fault or no-fault grounds. No-fault divorce is based on the grounds of irretrievable breakdown of the marriage, which is similar to irreconcilable differences or incompatibility in other states. For a fault-based divorce, Vermont recognizes several grounds including adultery, intolerable severity (cruelty), desertion, refusal to support, confinement for insanity, and imprisonment for certain crimes. The court may consider fault when dividing marital property, but it is just one of many factors that the court will take into account. Other factors include the length of the marriage, the age and health of the parties, the occupation, amount and sources of income, vocational skills, employability, the contribution of each party to the acquisition, preservation, and appreciation of the marital property, and the contribution of one spouse as a homemaker. Therefore, while fault can play a role in the financial outcomes of a divorce, it is not the sole determinant in the division of marital property in Vermont.