## Postnuptial agreements in Massachusetts A **postnuptial agreement ("postnup")** is the same idea as a prenup — but signed AFTER marriage. They've become more common as couples deal with changing financial circumstances, second marriages, or relationship-strengthening efforts. ## Why couples sign postnups **1. Inherited / new wealth.** One spouse receives substantial inheritance / business interest after marriage; couple wants to clarify ownership. **2. Career changes.** One spouse leaves career to raise children; couple wants to address future support if marriage ends. **3. Financial fresh start.** After major financial event (bankruptcy, business sale, lawsuit win) couple wants new framework. **4. Reconciliation after separation.** Marriage troubled but reconciling; couple uses postnup as foundation for new commitment. **5. Estate planning.** Particularly for blended families (children from prior marriages); ensures property goes to designated children. **6. Business considerations.** One spouse owns business; postnup protects business from divorce-related disruption. **7. Couldn't get prenup.** Prenup wasn't possible due to time constraints / cold feet; couple wants to retroactively cover same ground. **8. Major change in roles.** Stay-at-home parent returning to work, or vice versa. ## Heightened scrutiny vs prenups Postnups face **higher scrutiny** than prenups in most states because: - Spouses already owe each other fiduciary duties - Marital assets already exist - Power dynamics may already be imbalanced - The risk of coercion ("sign or I'll divorce") is greater - Some states view postnups skeptically as encouraging divorce Some states are particularly tough on postnups: OH (only validates with "unimpeachable" fairness), AL, IA. Others approach more neutrally. ## Common requirements Most states require: - **Written agreement** - **Signed voluntarily** (no coercion) - **Full and fair financial disclosure** (mutual) - **Independent legal counsel** (strongly recommended; required in some states) - **No unconscionability** at execution - **No fraud / duress / mistake** - **Substantive fairness** at enforcement (in some states) - **Compliance with state-specific procedural rules** ## What a postnup CAN do - Define separate vs marital property going forward - Override default community-property or equitable-distribution rules - Modify or waive alimony / spousal support - Specify divorce property division - Protect family business / inheritance - Allocate debts - Provide for children from prior relationships - Address inheritance / estate planning - Provide for blended-family considerations ## What a postnup CANNOT do **Universal limits:** - **Child support / custody** — best interests determined at divorce; can't be predetermined - **Encourage divorce** — clauses creating financial incentive to divorce are unenforceable - **Address non-financial matters** — chore lists, sex frequency, parenting style - **Hide assets / commit fraud** ## Common provisions - **Property classification** — what's separate vs marital - **Property division** in case of divorce - **Alimony / spousal support** terms - **Estate / inheritance rights** - **Business interest treatment** - **Debt allocation** - **Tax filing strategies** - **Health insurance maintenance** - **Sunset / review provisions** ## Independent counsel **Strongly recommended** — sometimes legally required: - Each spouse should have separate attorney - Both attorneys negotiate / review - Attorney's fees often paid by wealthier spouse - Joint counsel CANNOT represent both spouses (conflict of interest) - Some states (CA, MN) effectively require counsel Without independent counsel, postnups are vulnerable to challenge. ## Common reasons postnups fail - **Coercion** — "sign or I'll divorce" - **Inadequate disclosure** — hidden assets - **One-sided / unconscionable terms** - **No legal counsel** for one spouse - **Insufficient time** to review - **Major change in circumstances** since signing - **Fraud / duress / mistake** - **Failure to comply with formalities** ## Reconciliation postnups When couples reconcile after separation, the postnup may include: - Forgiveness clause for past misconduct - Specific commitments going forward - Property allocations if reconciliation fails - Counseling or treatment requirements - Sunset provisions if marriage stabilizes ## Sunset / review clauses Common to include: - **Sunset** — agreement expires after X years - **Periodic review** — both parties reaffirm or renegotiate every Y years - **Triggering events** — automatic adjustments based on births, deaths, retirement ## Tax considerations Federal Tax Cuts and Jobs Act (2017) eliminated alimony deduction for divorces after 2018 — affects postnup planning around alimony. Marriage / divorce tax planning often integrates with postnups. ## Estate planning integration Postnups frequently coordinate with: - Wills - Living trusts - Beneficiary designations - Life insurance - Power of attorney Without coordination, contradictory documents create chaos. ## What you should do If you're considering a postnuptial agreement in Massachusetts: don't draft it yourself. Each spouse should hire their own family-law attorney. Allow time for negotiation — rushed postnups face challenge later. Most Massachusetts family-law attorneys offer flat-fee postnup packages. --- *This guide is general information about Massachusetts law as of early 2026 and is not legal advice. Postnup law varies significantly. Talk to a licensed Massachusetts family-law attorney about your specific situation.*