Vermont Prenuptial Agreement

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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).

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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.

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Gamache v. Smurro, 2006 VT 67, 180 Vt. 104, 904 A.2d 1184

‍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the parties jointly purchased the entire property "as community property" by deed, so the Court held the joint deed superseded the prenup without reaching its underlying validity.

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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.

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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.

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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."

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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.

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1. Are prenuptial agreements enforceable in Vermont?

Yes. Vermont enforces prenuptial agreements — called "antenuptial agreements" under Vermont law — but unlike most states, Vermont has not adopted the Uniform Premarital Agreement Act or any prenup-specific statute. Enforceability is governed entirely by case law, primarily Bassler v. Bassler (1991), which established a four-factor test. More recently, Lacroix v. Rysz (2025) confirmed that Vermont measures enforceability at the time of signing, not at divorce — making Vermont one of the more prenup-friendly states for couples who plan ahead.

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2. What are the legal requirements for a valid Vermont prenup?

Under the Bassler four-factor test, a Vermont prenuptial agreement is enforceable only if all four conditions are met at the time of execution: (1) both parties made fair and reasonable financial disclosure, (2) both entered the agreement voluntarily and freely, (3) the substantive terms are fair to each spouse, and (4) the agreement is not unconscionable. There is no statutory form or filing requirement — the agreement must be in writing and signed by both parties, but does not need to be notarized, witnessed, or recorded to be valid (though witnesses and notarization are strongly recommended for evidentiary purposes).

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3. Do I need a lawyer to sign a prenup in Vermont?

No. Vermont does not require independent counsel. In Seguin v. Brown (2023), the Vermont Supreme Court upheld a prenup where one spouse was unrepresented, holding that the opportunity to consult an attorney — even if not exercised — satisfies the voluntariness requirement. That said, separate counsel for each party dramatically reduces challenge risk. If a prenup is later contested, courts will closely examine whether both parties understood what they were signing, and having independent attorneys is the strongest evidence of that.

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4. How much does a prenuptial agreement cost in Vermont?

Attorney fees for a Vermont prenup typically range from $1,500 to $5,000 per spouse for drafting and review, depending on complexity and the attorney's experience. A straightforward agreement for a couple with modest assets may fall on the lower end; one involving businesses, trusts, or significant income disparity will cost more. Factor in two attorneys (one per side) plus any financial advisor fees if asset valuation is needed. Starting with a well-researched template and bringing a near-final draft to your attorney can significantly reduce billable hours.

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5. Can a Vermont prenup waive alimony or spousal support?

Yes, but with a hard floor. Vermont allows full alimony waivers, and Lacroix v. Rysz (2025) confirmed that asymmetric support terms are not per se unconscionable. However, under Bassler, a court can override any spousal support waiver if enforcement would leave one spouse "a public charge, or close to it" at the time of divorce — meaning roughly at or near 125% of the Federal Poverty Level (just above means-tested public assistance eligibility). A reduced standard of living alone does not trigger the override (Stalb v. Stalb, 1998). Practically, this means alimony waivers are enforceable in Vermont as long as neither spouse would need public assistance post-divorce.

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6. Why is a prenup especially important in Vermont?

Vermont is an "all-property" state. Under 15 V.S.A. § 751, courts have jurisdiction over all property owned by either spouse — including premarital assets, inheritances, gifts, and property titled in only one spouse's name. Without a prenup, a Vermont court can divide anything you own, regardless of when or how you acquired it. Most states distinguish between marital and separate property and only divide marital property. Vermont does not draw that line. A prenuptial agreement is the only reliable tool to keep separate property separate in a Vermont divorce.

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7. Can a prenup protect my inheritance in a Vermont divorce?

Yes — and in Vermont, this matters more than in most states. Because Vermont's all-property doctrine gives courts jurisdiction over inheritances regardless of when they were received, an inheritance you receive before or during marriage can be divided in a divorce absent a prenup. A well-drafted prenuptial agreement can designate inherited assets as separate property, exclude them from equitable distribution, and require that they be maintained in separate accounts. Without that protection, even an inheritance kept in your name alone is subject to the court's discretion.

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8. How far in advance of the wedding should we sign a prenup in Vermont?

Vermont has no statutory minimum, but timing directly affects the voluntariness analysis under Bassler. Signing 60+ days before the wedding, with each party having had 2–3 weeks to review the final draft, is recommended. Presenting a prenup under wedding pressure — especially days or hours before the ceremony — is the most common basis for a voluntariness challenge. Ideally, begin the process 4–6 months before the wedding: engage attorneys, exchange financial disclosures, negotiate terms, and sign well before invitations go out. Better yet, sign before you propose.

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9. How can a Vermont prenup be challenged or thrown out?

The challenging party must prove that one or more Bassler factors was not satisfied at the time of signing: (1) inadequate financial disclosure, (2) involuntary execution (coercion, pressure, or lack of opportunity to review), (3) substantively unfair terms, or (4) unconscionability. Since Lacroix (2025), unconscionability is measured only at execution, not at divorce — meaning changed circumstances during the marriage are generally not grounds to void the agreement. Additionally, under Rock v. Rock (2023), a prenup can be voided post-execution if the parties abandoned it by conduct — but that is a separate doctrine from the Bassler factors.

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10. Can a Vermont prenup be voided after the wedding based on how we live?

Yes. Vermont recognizes "abandonment by conduct" under Rock v. Rock (2023) — a doctrine that allows courts to void a prenup if the parties consistently acted inconsistently with its terms during the marriage. In Rock, a 24-year marriage in which the couple commingled all assets into a single investment account, paid wife nominal wages for full-time work in the family business, and ignored every operative provision of their prenup led the court to declare the agreement abandoned. Vermont is one of very few states with this doctrine. The practical takeaway: you must actually live by the terms of your prenup throughout the marriage, or risk losing it entirely.

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11. Can a prenuptial agreement address child custody or child support in Vermont?

No. Vermont courts will not enforce prenup provisions that attempt to determine child custody, parental rights, or child support. These decisions are made at the time of divorce based on the child's best interests, and no pre-marriage contract can override that standard. Including such clauses is not just unenforceable — it can undermine the credibility of the entire agreement if challenged. Keep child-related matters out of the prenup entirely.

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12. Will Vermont enforce a prenup signed in another state?

Generally yes. Vermont courts will enforce an out-of-state prenup if it was valid where signed and does not violate Vermont public policy. Stalb v. Stalb (1998) enforced a New York prenup, and Gamache v. Smurro (2006) analyzed a California prenup under the parties' chosen law. Choice-of-law clauses are generally honored, subject to Vermont's public-charge override — meaning even a prenup valid under another state's law can be modified to prevent a spouse from being left on public assistance. If you signed a prenup in another state and now live in Vermont, the agreement is likely enforceable, but have a Vermont attorney review it for public-policy compliance.

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13. Can we get a postnuptial agreement in Vermont if we're already married?

Yes, but postnuptial agreements face stricter judicial scrutiny than prenups. Because married spouses are in a fiduciary or confidential relationship, Vermont courts more closely examine whether the agreement was truly voluntary and whether either spouse exercised undue influence. The same Bassler factors apply — fair disclosure, voluntariness, substantive fairness, and no unconscionability — but the burden is heavier. If you missed the window for a prenup, a postnuptial agreement is still a valid option, but it requires even more careful drafting and stronger procedural safeguards (separate counsel, full disclosure, no pressure).