Vermont Form 813A and 813B: How to Fill Out Your Financial Affidavit

Every Vermont divorce requires both spouses to complete two mandatory financial affidavits: Form 813A (Income and Expenses) and Form 813B (Property and Assets). These forms are not optional — they must be filed with the court and served on your spouse before or at the first Case Manager's Conference.

Getting them wrong can delay your case, trigger discovery disputes, or result in an unfavorable property division. Here's how to complete them accurately.

Form 813A: Income and Expenses

Form 813A captures your complete financial picture on the income side:

Gross income from all sources: wages, salary, self-employment, rental income, investment returns, Social Security benefits, pensions, disability payments, and any other regular income. Vermont courts look at gross (pre-tax) income, not take-home pay.

Payroll deductions: federal and state taxes, Social Security, Medicare, health insurance premiums, retirement contributions, and union dues. List only mandatory or court-ordered deductions — voluntary 401(k) contributions above the employer match may be scrutinized.

Monthly living expenses: housing (rent or mortgage, property taxes, insurance), utilities, food, transportation, healthcare, childcare, clothing, and personal expenses. Be honest and specific. Judges compare your claimed expenses against your income, and inflated numbers undermine your credibility.

Documents you need to complete 813A:

• 12 months of pay stubs
• Most recent 3 years of federal and state tax returns
• Social Security statements
• Documentation of any other income sources

Form 813B: Property and Assets

Form 813B is the comprehensive inventory of everything you own and owe. Under Vermont's all-property doctrine (15 V.S.A. § 751), the court has jurisdiction over all assets regardless of whose name is on the title or when they were acquired.

Real estate: list every property with current market value (get a professional appraisal or use recent comparable sales — Zillow estimates are not legally sufficient), outstanding mortgage balances, and equity.

Bank accounts: checking, savings, money market, CDs. Use current statement balances.

Retirement accounts: 401(k), 403(b), IRAs, pensions. Use the most recent quarterly statement. For defined benefit pensions, note the plan name, years of service, and projected monthly benefit.

Personal property: vehicles (use NADA or KBB values), jewelry, art, collectibles, household furnishings. Use "garage sale" value for everyday items, not replacement cost.

Business interests: ownership percentages in any businesses, professional practices, partnerships, or LLCs.

Debts: mortgages, car loans, student loans, credit cards, personal loans, medical bills, and tax liabilities. Specify whether each debt is joint or individual.

Important: Form 813B must be signed in the physical presence of a Notary Public. An unsigned or improperly notarized form will be rejected.

Common Mistakes to Avoid

Undervaluing assets: If the court discovers you underreported, you lose credibility on everything else in your disclosure. Use documentation, not estimates.

Forgetting retirement accounts: Employer-sponsored plans and old 401(k)s from previous jobs are still marital assets. Check with former employers.

Omitting debts: Joint credit card debt doesn't disappear because you forgot to list it. Undisclosed debts create problems when the court tries to allocate liabilities.

Missing the deadline: Both forms must be complete before the Case Manager's Conference. Filing late can result in sanctions or default assumptions.

How the Court Uses These Forms

Forms 813A and 813B are the foundation of every property division, spousal maintenance, and child support calculation in your divorce. The judge uses them to evaluate each spouse's financial position, determine who can absorb which debts, and calculate whether maintenance is appropriate.

A well-prepared financial disclosure can also reduce attorney fees significantly — your lawyer or mediator won't need to spend billable hours organizing information you should have gathered yourself.

Get the Complete Preparation System

The Vermont Divorce Financial Split Guide includes a Form 813A/B Preparation Guide that mirrors every field in the official forms, with instructions for what each section requires and how to calculate values the court will accept. Start organized, stay credible.

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