Updated January 23, 2023
A Vermont postnuptial agreement is a contract used by married couples to determine how their assets will be distributed in divorce or death. Postnuptial agreements are different from prenuptial agreements, or “prenups,” because they are signed after the couple is married, not before.
Separation agreements are signed when a married couple is contemplating divorce. They are permitted in Vermont, but the status of agreements by couples not planning an imminent divorce is less clear. Those considering a postnuptial agreement may want to consult with a local attorney.
Laws
Marital Settlement Agreements: Agreements between spouses regarding property rights are not against public policy when made by couples planning to get divorced. In re Prudenzano’s Will (1949).