Massachusetts prenuptial and postnuptial agreement laws let couples decide in advance how property, alimony, and other financial matters will be handled if the marriage ends. Massachusetts courts still review these agreements for fairness, both when they are signed and again if either spouse later asks a court to enforce one.

Porcello Law Offices helps Essex County couples draft prenuptial agreements before marriage and postnuptial agreements afterward, particularly in cases involving a business, a professional practice, an inheritance, or significant premarital assets. Understanding what Massachusetts law requires for these agreements to hold up later helps you avoid a costly surprise if the marriage ends in divorce.

Prenuptial and Postnuptial Situations We Handle

Couples consider these agreements for different reasons, and the right approach depends on your circumstances and timeline. Use the reference below to find where you stand.

Situation	What It Means
Marrying Later in Life	For couples who want to protect retirement assets and existing estate plans before a later-in-life marriage.
Business Owners and Professionals	For a spouse who wants to protect a business or professional practice from being divided or disrupted.
Protecting an Inheritance or Family Assets	For spouses who want to keep inherited or family assets separate from the marital estate.
Updating an Agreement After Marriage	For couples who did not sign a prenuptial agreement and want a postnuptial agreement instead.

What Massachusetts Prenuptial Agreement Laws Require

Massachusetts law expressly authorizes prenuptial agreements. Couples may sign a written contract before marriage specifying that some or all of their property will remain, or become, separate property if the marriage ends. ^[1]

To be enforceable, a Massachusetts prenuptial agreement must be in writing, entered into freely, and fair and reasonable both when it is signed and again when a court is later asked to enforce it. This is often called the two-look test, and it derives from Osborne v. Osborne, 384 Mass. 591 (1981), and was later refined in DeMatteo v. DeMatteo, 436 Mass. 18 (2002).

Under DeMatteo, a spouse can waive substantial rights to property and alimony in a prenuptial agreement. The agreement generally will not be enforced, however, if changed circumstances during the marriage would leave one spouse without sufficient property, maintenance, or appropriate employment to support themselves.

Postnuptial Agreements Under Massachusetts Law

Massachusetts courts recognized postnuptial agreements later than prenuptial agreements. The Supreme Judicial Court confirmed that a postnuptial agreement can be enforced in Ansin v. Craven-Ansin, 457 Mass. 283 (2010), applying many of the same fairness principles used for prenuptial agreements.

Because a postnuptial agreement is signed after the wedding rather than before it, courts may scrutinize the circumstances of its signing more closely, including whether each spouse had independent legal advice and a full picture of the other’s finances.

What a Prenuptial or Postnuptial Agreement Can and Cannot Address

These agreements can address how property is characterized and divided, whether and how much alimony either spouse may receive, and how specific assets, such as a business, a retirement account, or an inheritance, will be treated if the marriage ends.

These agreements cannot predetermine child custody, parenting time, or child support. Massachusetts courts always retain the authority to decide those issues based on the child’s best interest at the time they arise, regardless of what an agreement says.

Full Disclosure and Independent Representation

Massachusetts courts look closely at whether each spouse made a full and fair disclosure of their assets, income, and debts before signing. An agreement negotiated without this disclosure, or signed under time pressure close to the wedding date, is more vulnerable to a later challenge.

Each spouse having their own attorney, rather than relying on one lawyer or a template, also strengthens an agreement’s chances of holding up if it is challenged later. We recommend beginning this process well before the wedding date so there is time for real negotiation.

When Prenuptial and Postnuptial Planning Matters Most

Spousal support and asset division are often the most contested issues in a gray divorce, which is one reason couples marrying later in life frequently consider a prenuptial agreement.

Prenuptial and postnuptial agreements are also common in business-owner divorce planning, where a spouse wants to protect a company’s ability to keep operating regardless of what happens in the marriage.

Why Families Choose Porcello Law Offices

Porcello Law Offices is a second-generation, family-owned firm founded in 1976, and our attorneys bring more than 87 years of combined legal experience to family law matters across Essex County.

Family law in Salem is led by Jean G. Porcello-Giusto, one of our Massachusetts family law attorneys, who has practiced family law for more than 32 years and has represented clients before the Massachusetts Supreme Judicial Court.

We draft agreements built to hold up under Massachusetts law, explain how the fairness standards are likely to apply to your situation, and represent either spouse in negotiating terms that protect what matters most to you.

Serving Salem, Gloucester, and Essex County

Porcello Law Offices represents prenuptial and postnuptial agreement clients from offices in Salem and Gloucester, Massachusetts, and serves families throughout Essex County, including Beverly, Peabody, Danvers, Marblehead, Newburyport, and the surrounding communities.

Family law matters are led out of the Salem office, while Gloucester primarily handles probate and civil litigation, though both locations serve families in Essex County.

Frequently Asked Questions

Question	Answer
Are Prenuptial Agreements Enforceable in Massachusetts?	Yes, provided the agreement is in writing, signed freely, and fair and reasonable both when it is executed and when a court is later asked to enforce it.
Can a Prenuptial Agreement Waive Alimony Entirely?	A prenuptial agreement can significantly limit alimony, but Massachusetts courts have declined to enforce a waiver that would leave a spouse without sufficient property, maintenance, or appropriate employment to support themselves.
Is a Postnuptial Agreement the Same as a Prenuptial Agreement?	They serve a similar purpose, but a postnuptial agreement is signed after the wedding rather than before it. Massachusetts courts apply similar fairness principles to both, though postnuptial agreements may face closer scrutiny of the circumstances surrounding the signing.
Can a Prenuptial Agreement Decide Child Custody in Advance?	No. Massachusetts courts always decide child custody, parenting time, and child support based on the child’s best interest at the time the issue arises, regardless of what a prenuptial or postnuptial agreement says.
What Are the Basic Massachusetts Prenuptial and Postnuptial Agreement Laws?	Massachusetts prenuptial agreement law is set out in Mass. Gen. Laws ch. 209, Section 25, and requires a written agreement that is fair and reasonable both at signing and at enforcement. Postnuptial agreements are governed by the same general fairness principles under Massachusetts case law, though they are signed after the marriage rather than before it.

Schedule a Free Case Evaluation

You do not have to navigate Massachusetts prenuptial and postnuptial agreement laws on your own. Our attorneys are ready to review your situation and help you build an agreement designed to hold up if it is ever challenged.

Schedule a Free Case Evaluation with one of our Massachusetts offices in Salem or Gloucester, or call Salem at 978-338-7854 or Gloucester at 978-224-5265 to speak with our legal team directly.

Sources

[1] Mass. Gen. Laws ch. 209, § 25 (Antenuptial Settlements; Force and Effect) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209/Section25

[2] Mass. Gen. Laws ch. 208, § 34 (Division of Marital Property; Equitable Distribution Factors) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34

[3] Mass. Gen. Laws ch. 208, § 48 (Alimony Reform Act Definitions) | https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section48