Boisselle v. Boisselle

I do not agree with the Court’s assumption that spousal maintenance in this case could not, under any circumstances, be awarded under 15 V.S.A. § 758 (modification of maintenance). Should spousal maintenance be forever barred if it is waived or not reserved in the divorce judgment? I do not think so. The relevant Vermont statutes, and the policy underpinning them, support relief in this case. I respectfully dissent.

The issue of maintenance is governed by 15 V.S.A. § 752, which gives the family court discretion to award maintenance from one spouse to the other upon a showing of certain…