A Vermont postnuptial agreement is a contract married individuals enter to decide how to divide their assets if one of them dies or they divorce. Postnups differ from prenups (prenuptial agreements) because they determine asset division after, rather than before, a couple gets married.
Vermont most commonly recognizes separation agreements, which are documents couples sign when they’re considering divorce. However, the state doesn’t have concise laws for agreements between couples not planning to divorce soon. Therefore, it’s best to consult a local lawyer to write a postnup with your spouse.
Legal Considerations
- Signing Requirements: No clear statute or case law dictates the signing requirements for postnups, but both spouses can sign it to prove their voluntary entry.
- Dividing Property: Equitable distribution (15 V.S.A. § 751).
Understanding Postnuptial Agreements in Vermont
In Re: Will of Prudenzano 116 Vt. 55 – Separation Agreements
The Supreme Court of Vermont’s Will of Prudenzano (1949) case produced several key takeaways regarding postnups and separation agreements:
- A contract involving a postnup agreement is presumptively fair if another document doesn’t prove otherwise.
- Equity will uphold contracts made directly between a wife and husband in proper cases.
- A postnup can invalidate or override a widower’s legal rights to his deceased wife’s estate if it’s fair to both parties and the couple entered the agreement after they separated or when they were thinking about separating.
- Regarding postnups, the probate court can’t proceed according to common law. It should abide by the statutes given the case’s unique and limited jurisdiction. If it acts in a way unauthorized by law, its decrees and orders are null.
- It’s beyond a probate court’s powers to specifically enforce a postnup.
- A postnup between spouses regarding property rights doesn’t violate public policy if a couple enters it when planning a divorce.
15 V.S.A. § 61 – Contracts; Suits on Contracts; Partnership with Husband
- A married woman can make contracts with any person and bind herself and her separate party as if she were unmarried.
- A married woman can sue and be sued for all such contracts she has made, either during or before coverture, without her husband serving as the plaintiff or defendant.
- Court-appointed officials or law enforcement officers can seize the wife’s goods, chattels (personal property), and estate to satisfy the judgment owed.
- A married woman can enter a contract of limited or general business partnership with her husband as a partner. She may contract with him for business purposes.
