Free Vermont Postnuptial Agreement Template

A Vermont postnuptial agreement is a written contract spouses sign during the marriage about property and support. It matters because Vermont’s divorce court can reach every asset either spouse owns, including property from before the marriage.

All Property Is Before the Court

In a divorce, all property owned by either or both spouses, however and whenever acquired, is subject to the court’s jurisdiction. Title is immaterial, except where the court can make an equitable distribution without disturbing separate property (15 V.S.A. § 751(a)).

Twelve Listed Factors

The court may consider all relevant factors, including the marriage’s length, each spouse’s age, health, income, and employability, and whether the settlement is instead of or in addition to maintenance (15 V.S.A. § 751(b)). None of the twelve listed factors names an agreement between spouses.

Where Property Came From Counts

One factor is the party through whom the property was acquired. Another is each spouse’s contribution to acquiring, preserving, or changing the value of the estates, including a homemaker’s nonmonetary contribution (15 V.S.A. § 751(b)(10)-(11)).

Unvested Inheritances Stay Out

A spouse’s interest in an inheritance that hasn’t vested and can still be modified or divested isn’t included in the marital estate (15 V.S.A. § 751(b)(8)(B)).

The property statute doesn’t say directly. Its factor list doesn’t mention agreements between spouses, though the court may consider any relevant factor. Also, one factor asks whether the property settlement replaces or adds to maintenance, so address support in the agreement as well.

So a Vermont postnuptial agreement works best as a clear record of where each asset came from and what you both intended. Because the statute weighs the party through whom property was acquired, documenting sources can matter. Still, have a Vermont attorney review the agreement before you rely on it.

Take these steps for a Vermont postnuptial agreement:

1. List every asset. Include premarital property, since the court can reach all of it.
2. Record each asset’s source. Note which spouse acquired it and how.
3. Flag expected inheritances. Describe any that haven’t vested yet.
4. Share complete financial information before signing.
5. Have each spouse consult their own lawyer.
6. Sign and date it, then file it where both spouses can reach it.

A clear agreement covers:

• Asset list — everything either spouse owns
• Source of each asset — which spouse acquired it, and when
• Contribution notes — who maintained or improved major assets
• Maintenance terms — whether property terms replace or add to support
• Signature section — both spouses sign and date