## Prenuptial agreements in Massachusetts A prenuptial agreement ("prenup") is a contract signed by two people **before marriage** that sets out how property, debts, alimony, and other financial matters will be handled if the marriage ends — either by divorce or by death. They're enforceable in every state, but the rules and tests vary. ### Massachusetts's framework Massachusetts has NOT adopted the UPAA. Prenups are enforced under state-specific common-law and statutory standards — usually focusing on three things: voluntariness, full financial disclosure, and substantive fairness (either at signing, at enforcement, or both, depending on the state). **Worth knowing about Massachusetts:** Massachusetts uses a unique two-step fairness test (Osborne and DeMatteo) — the agreement must be fair when signed AND fair when enforced. ## What a prenup CAN do - **Define separate vs marital property** — pre-marital assets and gifts kept separate - **Override default community-property or equitable-distribution rules** - **Waive or limit alimony / spousal support** - **Specify who gets what in case of divorce** — including a sliding scale based on length of marriage - **Protect a family business or family wealth** - **Establish how debts are allocated** - **Provide for children from prior relationships** - **Address what happens upon death** — supplementing or in lieu of will/estate planning ## What a prenup CANNOT do There are universal limits — even in the most permissive states: - **Child support and child custody** — these are governed by the children's best interests at the time of divorce; no prenup can prevent a court from ordering child support or making custody decisions in the child's best interest - **Encourage divorce** — clauses that incentivize divorce are unenforceable - **Adjudicate non-financial matters** — chore lists, sex frequency, weight clauses, frequency of in-law visits — courts won't enforce these - **Hide assets or commit fraud** — courts will void agreements built on lies ## What makes a prenup enforceable Across all states, the same core requirements show up: 1. **Written and signed** — verbal prenups don't exist 2. **Full financial disclosure** — both parties exchange (in writing) statements of assets, debts, and income, OR formally waive that right with full understanding 3. **Voluntariness** — no coercion, threats, or last-minute presentation on the wedding day 4. **Independent legal counsel** — strongly preferred for both parties; required in some states 5. **Time to review** — at least a few weeks between when the agreement is shown and when it's signed; many courts treat "signed the day before the wedding" as duress 6. **No unconscionability** — nothing so one-sided it shocks the conscience (definition varies) 7. **Conformity with state procedural rules** — notarization, witnesses, recording (state-specific) ## Common reasons prenups fail - Hidden assets discovered later - Signed days before the wedding (duress) - One party didn't have a lawyer - One party didn't understand what they were signing (literacy, language barrier, mental incapacity) - The agreement leaves one spouse destitute or on public assistance - The agreement was signed under threat ("sign or no wedding") - A change in circumstances makes enforcement unconscionable (some states only) ## Postnuptial agreements Many states also recognize **postnuptial** agreements — same idea, but signed AFTER marriage. Postnups are scrutinized more heavily because the spouses already owe each other duties of fairness once married. Some states have separate statutes for postnups; others apply the same prenup rules. ## When a prenup is worth it Common situations where prenups make particular sense: - One spouse owns a business or family business - Significant disparity in pre-marital wealth - One spouse has children from a prior relationship - One spouse expects a significant inheritance - One spouse has substantial debt the other shouldn't inherit - Either spouse has been through a contentious divorce before - High-earning professionals (doctors, lawyers, executives) ## What you should do If you're considering a prenup in Massachusetts: start the process at LEAST 90 days before the wedding. Each spouse should retain their own attorney. Exchange full financial disclosures. Negotiate in good faith. The goal is an agreement BOTH parties feel is fair and would re-sign tomorrow — not a one-sided contract that will fall apart at enforcement. Most Massachusetts family-law attorneys offer flat-fee prenup packages. --- *This guide is general information about Massachusetts law as of early 2026 and is not legal advice. Prenup law has many edge cases (sunset clauses, second-marriage provisions, choice-of-law clauses, recognition of out-of-state agreements) that change the analysis. Talk to a licensed Massachusetts family-law attorney about your specific situation.*