Vermont Prenuptial Agreement
Vermont antenuptial agreements are governed by case law — Vermont has not enacted the UPAA. The controlling four-factor test from Bassler v. Bassler (1991) requires fair disclosure, voluntary execution, substantively fair terms, and no unconscionability at signing. Lacroix v. Rysz (2025) confirmed Vermont applies single review at execution, not enforcement — but three doctrines still permit post-execution challenges: fraud/duress, Rock v. Rock (2023) abandonment by conduct, and the Bassler public-charge override. Spousal support waivers are enforceable; the alimony floor is "public charge or close to it" — meaning roughly 125% of Federal Poverty Level, just above means-tested public assistance eligibility.
Bottom line: Vermont earns a B+ grade. Mostly — but not solely — a single-review state, with a defensible alimony floor slightly above public assistance and strong jurisdictional protections under Gade v. Gade (2025).
Vermont Prenup Enforceability Rating: B+
Vermont Prenup Laws: Key Statutes Explained
Vermont has no statutes regarding prenuptial agreements, enforcement is based on case law
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names can be split 50/50 according to a prenuptial agreement.
Unconscionability Single Review (Pro-Prenup)
Vermont reviews prenuptial agreements for unconscionability ONLY at execution (signing), not at enforcement (divorce), per Lacroix v. Rysz, 2025 VT 16. This prevents courts from second-guessing agreements based on changed circumstances during marriage, providing greater certainty and discouraging litigation challenges.
Unconscionability Standard—Bassler Four-Factor Test
A prenup is enforceable only if all four conditions are met: (1) fair and reasonable financial disclosure; (2) voluntary and free entry; (3) substantive provisions fair to each spouse; and (4) not unconscionable at the time of execution. Asymmetric terms and "same position as before marriage" outcomes are NOT per se unconscionable under Lacroix.
Spousal Support Public Assistance Minimum
Vermont courts may override spousal support waivers if enforcement would leave one party "a public charge, or close to it" at the time of divorce, under Bassler v. Bassler, 156 Vt. 353 (1991). This is a public-policy backstop that survives even an otherwise-valid prenup; reduced standard of living alone does not trigger it (Stalb v. Stalb, 168 Vt. 235 (1998)).
Abandonment by Conduct (Vermont-Specific Risk)
Vermont prenups can be voided post-execution if the parties' conduct shows intent to ignore the agreement — commingling assets, failing to apportion expenses, or paying nominal wages instead of contractual ones (Rock v. Rock, 2023 VT 42). Police conduct during the marriage; honor the terms or risk losing the entire agreement.
Timing
No minimum specified, but we recommend signing the prenup 60+ days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk. Reach out to an attorney at least 4-6 months before the wedding with your draft prenup. Better yet, sign the prenup before proposing.
Independent Counsel
Not required (Seguin v. Brown, 2023), but separate counsel dramatically strengthens enforceability if the agreement is later challenged. Vermont courts examine whether each party had a meaningful opportunity to consult counsel, even if not exercised.
Financial Disclosure
"Fair and reasonable disclosure" of property and financial obligations required under Bassler, or written waiver. PerfectPrenup includes both.
Moderate Burden to Challenge
Challenging party must prove failure of one or more Bassler factors at execution — (1) inadequate financial disclosure, (2) involuntary entry, (3) substantively unfair terms, or (4) unconscionability — or post-execution abandonment by conduct. Vermont courts enforce valid prenups but apply strict scrutiny, particularly on disclosure and voluntariness.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Vermont Prenuptial Agreement Court Cases
Bassler v. Bassler, 156 Vt. 353, 593 A.2d 82 (1991)
Pregnant fiancée signed a prenup leaving her nothing on the eve of marriage; after divorce she lived on public assistance while husband retained the family estate, so the Court refused to enforce the agreement on public-policy grounds and established the four-factor enforceability test (disclosure, voluntariness, substantive fairness, and no unconscionability at execution).
Rock v. Rock, 2023 VT 42, 308 A.3d 492
Over a 24-year marriage the parties commingled assets into a single investment account, paid wife only nominal wages ($7K–$11K/yr) for 50–60-hour work weeks in the family business, and otherwise ignored every operative term of their 1994 prenup, so the Court held the agreement abandoned by conduct and divided the investment account 59% wife / 41% husband.
Gamache v. Smurro, 2006 VT 67, 180 Vt. 113, 904 A.2d 91
A California prenup waived wife's interest in husband's 10% San Clemente property, but during the marriage the parties jointly purchased the entire property "as community property" by deed, so the Court held the joint deed superseded the prenup without reaching its underlying validity.
Lacroix v. Rysz, 2025 VT 16
Family division had voided a one-day-before-the-wedding prenup as unconscionable because it left wife in the same financial position as before marriage; the Supreme Court reversed, holding that unconscionability is measured at execution (not at divorce), that asymmetric prenups are not per se unconscionable, and that leaving a spouse no better off than pre-marriage is not by itself a basis to invalidate.
Gade v. Gade, 2025 VT 68
Family division had refused to hear husband's offset and breach-of-contract claims arising from the parties' 2018 prenup, citing limited jurisdiction; the Supreme Court reversed and held that the family division has plenary jurisdiction under 4 V.S.A. § 33(a)(4) and 15 V.S.A. § 751(a) to interpret prenups and adjudicate breach claims (including implied covenant of good faith) as part of the divorce action.
Stalb v. Stalb, 168 Vt. 235, 719 A.2d 421 (1998)
Court enforced a New York prenup between two similarly-situated spouses in their 50s and ordered husband to pay wife $59,139 to equalize their unequal investments in the jointly-owned Northfield Inn, holding that a reduced standard of living after divorce is not unconscionability — the bar is "public charge or close to it."
Seguin v. Brown, No. 23-AP-115, 2023 WL 7490253 (Vt. Nov. 13, 2023)
Three-justice unpublished entry order (persuasive only under V.R.A.P. 33.1(d)) enforcing a prenup against a challenge based on lack of independent counsel, holding that the opportunity to consult counsel — even if not exercised — satisfies the voluntariness prong.
5-Step Checklist: How to Sign & Execute a Prenup in Vermont
Step 1: Download and read the Vermont prenuptial agreement
Start with our free template. It is written for Vermont-specific case law — primarily Bassler, Stalb, Rock, Lacroix, and Gade — because Vermont has not enacted the UPAA or any prenup-specific statute. Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a matrimonial or divorce lawyer in Vermont
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding.
Step 5: Review and sign the prenup with your attorney
Both attorneys present can serve as the two witnesses and notarize on the spot, satisfying all requirements in one signing ceremony. We HIGHLY recommend having the prenup reviewed and signed with an attorney, however, if you don't have an attorney, you at least need the signatures to be notarized. Each party keeps a signed original, and so should each party's attorney.
Vermont Prenuptial Agreement: Frequently Asked Questions (2026)
1. Are prenuptial agreements legal in Vermont?
Yes. Vermont enforces prenuptial agreements (also called "antenuptial agreements"), but unlike most states, Vermont has not enacted the Uniform Premarital Agreement Act or any prenup-specific statute. Enforceability is governed entirely by case law — primarily Bassler v. Bassler (1991), Stalb v. Stalb (1998), Rock v. Rock (2023), Lacroix v. Rysz (2025), and Gade v. Gade (2025).
2. What makes a prenup enforceable in Vermont?
Under the Bassler four-factor test, a Vermont prenup is enforceable only if all four conditions are met at execution: (1) fair and reasonable financial disclosure, (2) voluntary and free entry, (3) substantively fair terms, and (4) not unconscionable. Lacroix (2025) clarified that unconscionability is measured at execution only — not at divorce.
3. Do I need a lawyer to sign a prenup in Vermont?
No. Vermont does not require independent counsel — Seguin v. Brown (2023) upheld a prenup where one spouse was unrepresented but had the opportunity to consult counsel. However, separate attorneys for each party significantly strengthen enforceability and reduce challenge risk on voluntariness grounds.
4. Can a Vermont prenup waive alimony or spousal support?
Yes, but with a public-policy limit. Under Bassler, a court can override an alimony waiver if enforcement would leave one spouse "a public charge, or close to it" at the time of divorce. Reduced standard of living alone does not trigger the override (Stalb).
5. How long before the wedding should we sign a prenup in Vermont?
Vermont has no statutory minimum, but signing 60+ days before the wedding with 1–2 weeks of review time is recommended. Voluntariness is one of the Bassler factors, and last-minute presentation under wedding pressure is a leading challenge ground. Ideal: sign before proposing.
6. Can a Vermont prenup be voided after the wedding?
Yes. Under Rock v. Rock (2023), Vermont recognizes "abandonment by conduct" — a prenup can be voided if the parties consistently act inconsistently with its terms (commingling separate accounts, failing to apportion expenses, paying nominal wages instead of contractual ones). Vermont is one of the few states with this doctrine.
7. What financial disclosure is required for a Vermont prenup?
"Fair and reasonable" disclosure of all assets, debts, income, and financial obligations (Bassler). Vermont does not specify a format, but attaching schedules of assets and liabilities to the agreement — or a written waiver of disclosure — is best practice. Inadequate disclosure is grounds for invalidation.
8. Can a prenup decide child custody or child support in Vermont?
No. Vermont courts will not enforce prenup provisions purporting to decide custody, parental rights, or child support — these are determined at divorce based on the child's best interests. Including such clauses risks undermining the entire agreement.
9. Will Vermont enforce a prenup signed in another state?
Generally yes, if valid where signed and not against Vermont public policy. Stalb v. Stalb enforced a New York prenup, and Gamache v. Smurro analyzed a California prenup under the parties' chosen law. Choice-of-law clauses are honored, subject to Vermont's public-charge override.
10. Can the family court hear prenup disputes during a Vermont divorce?
Yes. Gade v. Gade (2025) confirmed that the family division has plenary jurisdiction under 4 V.S.A. § 33(a)(4) and 15 V.S.A. § 751(a) to interpret prenups and adjudicate breach-of-contract claims (including the implied covenant of good faith) as part of the divorce — no separate civil action required.
11. Are asymmetric or "one-sided" prenups enforceable in Vermont?
Yes. Lacroix v. Rysz (2025) held that asymmetric prenups — including one with very different outcomes depending on which spouse files for divorce — are not per se unconscionable. Leaving a spouse in the same financial position as before marriage is also not, by itself, grounds for invalidation.
12. How does Vermont's all-property divorce rule affect prenups?
Without a prenup, 15 V.S.A. § 751 gives Vermont courts jurisdiction over all property of either spouse — including premarital assets, inheritances, and gifts. A valid prenup is the primary tool to keep separate property separate; otherwise, even property owned before marriage can be divided.