Couples getting married in Burlington, Montpelier, or Rutland often assume that what they bring into a marriage stays theirs. In Vermont, that assumption can be wrong.
Not legal advice. This article is general information only. Prenup laws differ by state and change over time. Consult a licensed attorney in your state before acting on anything here.
Vermont is one of the strictest states in the country when it comes to what a judge can divide in a divorce. Property you owned long before the wedding is not automatically off limits.
A prenuptial agreement is the main tool couples use to set their own rules instead of leaving everything to a judge. It lets you decide in advance how assets and debts will be handled.
This guide explains how Vermont treats prenups, what they can and cannot do, and how to make one that holds up.
Prenup Enforceability Under Vermont Law
Yes. Vermont courts enforce prenuptial agreements when they are fair and entered into properly.
Vermont is unusual in how it does this. The state has not adopted the Uniform Premarital Agreement Act, the model law that most states use to set prenup rules.
Instead, Vermont prenups are governed by case law. Judges look to past decisions of the Vermont Supreme Court to decide whether an agreement should be honored.
The most important of those decisions is Bassler v. Bassler.
The Bassler Standard
In Bassler v. Bassler, 156 Vt. 353 (1991), the Vermont Supreme Court refused to enforce a prenup that left the wife with nothing while she was eligible for public assistance.
From that case and the ones that followed, Vermont courts ask whether an agreement meets a set of conditions:
- It was signed voluntarily and freely, without fraud, duress, or coercion.
- Each spouse made a fair and reasonable disclosure of their finances, or already had independent knowledge of them.
- The terms are fair and reasonable and not unconscionable.
Courts also look at whether each person had the chance to consult their own attorney before signing.
An agreement that is one sided enough to leave a spouse destitute or on public assistance runs against Vermont public policy and may be set aside.
What Belongs in a Vermont Prenup
A prenup lets a couple settle financial questions in advance instead of arguing about them later. Below are the common areas a Vermont agreement can address.
| Area | What You Can Do |
|---|---|
| Premarital property | Keep assets owned before marriage separate and protected from division. |
| Inheritances and gifts | Confirm that property received from family stays with the spouse who received it. |
| Property division | Decide how assets acquired during the marriage will be split. |
| Debts | Assign responsibility for student loans, credit cards, and other obligations. |
| Business interests | Protect a company or professional practice from being divided. |
| Spousal maintenance | Set, limit, or waive future support, subject to fairness review. |
| Estate planning | Coordinate the agreement with wills and trusts. |
What You Cannot Put in a Vermont Prenup
Some terms are off limits no matter what both spouses agree to. A Vermont court will ignore or strike provisions that try to:
- Predetermine child custody or parenting arrangements.
- Set or waive child support, which belongs to the child and not the parents.
- Include anything illegal or against public policy.
- Impose personal, non financial demands such as household chores or appearance rules.
- Leave one spouse destitute or eligible for public assistance.
Anything affecting children is decided by the court at the time of divorce based on the child’s best interests.
Execution Rules for a Vermont Prenup
Vermont does not have a prenup statute with a checklist, so the requirements come from contract law and from the Bassler line of cases.
| Requirement | Detail |
|---|---|
| In writing | Required. Oral prenuptial agreements are not enforceable. |
| Signed by both spouses | Both parties must sign before the wedding. |
| Notarization | Not strictly required, but strongly recommended to support authenticity. |
| Independent counsel | Emphasized by Vermont courts. Each spouse should have the chance to use their own attorney. |
| Timing | Sign well before the wedding. A document pushed through at the last minute invites a duress claim. |
Why Disclosure and Fairness Decide Vermont Prenups
Disclosure is the part of a Vermont prenup that gets tested most often. The Bassler standard expects each spouse to know what they are giving up.
That means trading honest financial information before signing. Each person should see the other’s assets, debts, and income.
If one spouse hides assets or understates their net worth, a judge can later decide the other person never had a real chance to evaluate the deal.
Fairness is the second half. Vermont courts will not enforce an agreement that is so one sided it shocks the conscience.
An agreement that gives one spouse everything and the other nothing is the kind of arrangement Bassler warned against.
Can You Waive Maintenance in Vermont?
Spousal maintenance in Vermont is governed by 15 V.S.A. § 752, and a prenup can address it.
Couples can set a fixed amount, cap the length of support, or waive maintenance entirely.
That waiver is not bulletproof. A Vermont judge can refuse to enforce a maintenance waiver if it would leave a spouse in severe hardship or dependent on public assistance at the time of divorce.
The safest waivers are backed by full disclosure, independent legal advice, and terms that do not push one person into poverty.
What Happens in Vermont Without a Prenup
Without an agreement, your divorce is decided under Vermont’s property statute, 15 V.S.A. § 751. This is where Vermont surprises people.
Vermont is an equitable distribution state, which means a judge divides property in a way the court considers fair, not necessarily fifty fifty.
It is also an all property state. Under § 751, all property owned by either or both spouses, however and whenever acquired, is subject to the court’s jurisdiction.
That language matters. In Vermont, property you owned before the marriage, money you inherited, and gifts from your family can all be pulled into the marital estate and divided.
Title does not save you. The statute says it does not matter whose name the property is in.
A prenup is how you keep premarital and inherited property out of that pool. Without one, even assets that feel clearly yours are reachable by the court.
Prenup or Postnup in Vermont?
A prenuptial agreement is signed before the wedding. A postnuptial agreement is signed after you are already married.
Vermont recognizes both. The state’s courts see no reason to treat them differently and apply the same Bassler style standards to each.
That means a postnup must also be voluntary, backed by fair financial disclosure, and fair in its terms.
Postnups are useful when a marriage has already started and circumstances change, such as a new business, an inheritance, or a financial reset between spouses.
Why Vermont Prenups Get Invalidated
Most failed prenups fail for the same handful of reasons. Watch for these:
- One spouse hid or understated assets, so disclosure was incomplete.
- The agreement was signed under pressure or just before the ceremony.
- The terms were so one sided that a court found them unconscionable.
- The agreement would leave a spouse destitute or on public assistance.
- One spouse had no real chance to consult an attorney.
- The document was poorly drafted, vague, or never put in writing.
How Much Does a Prenup Cost in Vermont?
Cost depends on how complex your finances are and whether you hire attorneys or use an online service.
| Option | Typical Cost |
|---|---|
| Attorney, standard prenup | 1,500 to 5,000 per person |
| Attorney, complex estate or business | 2,000 to 7,000 per person |
| Online platform | A few hundred dollars, flat rate |
Online services such as HelloPrenup let couples build an agreement at a flat rate and then have each side review it with their own attorney if they choose.
That approach keeps costs down while still supporting the disclosure and independent review that Vermont courts look for.
Creating a Vermont Prenup: Step by Step
The process is straightforward when you take it in order:
- Start early, well before the wedding date, so timing never looks rushed.
- List your assets, debts, and income, and exchange that information honestly with your partner.
- Agree on how property, debts, and maintenance will be handled.
- Have the agreement drafted in writing, in clear terms.
- Let each spouse review it with their own attorney.
- Sign in front of a notary and keep signed copies in a safe place.
Vermont Prenups: Key Takeaways
Vermont’s all property rule makes a prenup more valuable here than in many other states. Premarital and inherited assets are not automatically protected without one.
A well drafted agreement, built on honest disclosure and fair terms, gives both spouses clarity and control.
If you want to protect what you bring into the marriage, start early and do it right.