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What is a Massachusetts prenup?
Everything to know about Massachusetts prenups.
Prenuptial agreements (or "antenuptial agreements" as they're called in Massachusetts) are contracts entered into before marriage between a couple. They outline things like property ownership, property division, alimony, taxes, pets, rings, and many other topics. Prenups can be emotional documents as much as they are practical ones. They help set expectations and boundaries for a couple prior to entering into marriage, which in turn can create a stronger foundation for the marriage.
Prenuptial agreements in Massachusetts are governed by Mass. Gen. Laws ch. 209, §§ 25 and 26 and the relevant state case law that helps shape the laws around prenups. Below, everything you need to know, organized exactly the way a Massachusetts family law attorney would walk you through it.
The controlling statute & cases
What law governs prenups in Massachusetts?
Massachusetts prenuptial agreements are governed by Mass. Gen. Laws ch. 209, § 25 and case law. The statute states that "at any time before marriage, the parties may make a written contract" providing that property "shall remain or become the property of the husband or wife, according to the terms of the contract." In addition, Mass. Gen. Laws ch. 209, § 26 states that there must be financial disclosure (i.e., "a schedule of the property intended to be affected, containing a sufficiently clear description thereof to enable a creditor of the husband or wife to distinguish it from other property, shall be annexed to such contract").
In addition, there is plenty of case law to help interpret and define the laws surrounding prenuptial agreements in the state, such as the "second-look" test, which requires the court to take a "second look" at the agreement at the time of creation and at the time of execution to ensure it's fair. (Austin v. Austin, 445 Mass. 601 (2005)).
Is Massachusetts a UPAA state?
No, Massachusetts is not one of the 28 states (plus D.C.) to have adopted the Uniform Premarital Agreement Act (UPAA). The UPAA is a model act constructed by the Uniform Law Commission as an attempt to standardize prenup laws across the states. It helps different state legislatures determine what should go into a prenuptial agreement statute to reduce inconsistencies and provide predictable outcomes. Instead, Massachusetts has its own set of statutes and case law that help carve out the requirements for the enforcement of prenuptial agreements.
Requirements for a Massachusetts prenup
What are the requirements for a prenup in Massachusetts?
Under Mass. Gen. Laws and relevant case law, the requirements for a valid and enforceable prenup in the state include putting the agreement in writing, having both parties sign, ensuring both parties enter into the agreement voluntarily, with fair and reasonable financial disclosure. In addition, Massachusetts courts utilize something known as the "second-look test," which looks at the fairness of the contract at the time of the signing and at the time of the divorce.
Requirements:
- In writing
- Signed by both parties
- Entered into voluntarily
- Fair and reasonable financial disclosure
- Fair at signing and at divorce (the "second-look test")
Does a prenup need to be notarized in Massachusetts?
Technically, no, but most Massachusetts prenup attorneys recommend notarization anyway. Notarization is the act of signing the prenup in the presence of a notary public. Nowadays, you can do this totally online via video call. Notarization provides an affordable and easy way to add a layer of protection to your agreement. It shows a court that both parties' identities were verified when signing, and they knew that they were signing a prenuptial agreement. It can deter some arguments against fraud.
Do both parties need a lawyer for a prenup in Massachusetts?
No, parties technically do not need a lawyer for a prenup in Massachusetts; however, the presence of an attorney will greatly increase the enforceability of the agreement. For example, in Ansin v. Craven-Ansin, 457 Mass. 283, the court evaluated a marital agreement and stated that in the analysis of whether it was fair and reasonable, a judge will "consider the entire context in which the agreement was reached, allowing greater latitude for agreements reached where each party was represented by separate counsel of their own choosing." In other words, having an attorney can be a helpful factor in favor of an enforceable agreement if a court ever has to analyze its enforceability.
What makes a prenup invalid in Massachusetts?
A prenuptial agreement in Massachusetts may only be considered invalid if it meets specific legal grounds. For one, if the agreement is not properly executed in writing or with signatures. Another way to invalidate a Massachusetts prenup is to not include proper financial disclosure. Courts may also invalidate an agreement by looking at the fairness of the agreement at the time of execution and also at the time of divorce. (DeMatteo v. DeMatteo, 436 Mass. 18 (2002)). And, if the prenup is against public policy for any reason, it may also be invalidated.
How long before the wedding should I sign a prenup in Massachusetts?
There is no strict requirement for when a couple should sign a prenup in Massachusetts prior to the wedding. In fact, courts have upheld prenuptial agreements that were signed very close to the wedding day. For example, in one Massachusetts case, the court upheld a prenup where the wife signed it the night before the wedding, explaining that the husband had expressed interest in a prenup "about one month before the wedding" and the agreement was drafted and shown to her "several days before they were to marry" (Rosenblatt v. Kazlow-Rosenblatt, 39 Mass. App. Ct. 297 (1995)).
When courts analyze prenuptial agreements in Massachusetts, they are not looking for an exact day before the wedding, but instead for the proper statutory formalities, such as signatures and proper financial disclosure. In addition, they may evaluate the fairness of the agreement, looking to see if there is a fair provision for the party contesting the agreement. (DeMatteo v. DeMatteo, 436 Mass. 18 (2002)).
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Start your prenup for freeWhat can & can't be in a Massachusetts prenup
Does cheating void a prenup in Massachusetts?
No, cheating does not void a prenup in Massachusetts. Massachusetts courts evaluate prenuptial agreements based on whether they were fair at execution and remain fair at the time of divorce. Nowhere in this analysis is there a requirement for lack of infidelity. In addition, Massachusetts is a no-fault divorce state, meaning that there is public policy against the analysis of marital misconduct, such as adultery, in divorce proceedings. (Mass. Gen. Laws ch. 208, § 1A).
Are infidelity clauses enforceable in Massachusetts?
According to Massachusetts prenup attorney Scott Goldman, "Infidelity clauses are generally unenforceable. While no statute prohibits infidelity clauses, Massachusetts is a no-fault divorce state (primarily), and in that regard, infidelity is considered a 'fault.' This type of clause seeks to generally financially penalize the offending spouse for committing adultery." Some couples may still opt for an infidelity clause with the understanding that it is not enforceable, but rather, a relationship boundary-setting tool.
Can a prenup include child custody in Massachusetts?
No, prenups may not include child custody arrangements in a prenuptial agreement. This matter is meant to be determined by a court, focusing on the child's best interests, at the time of separation. Parents may not pre-determine the custody of their child, potentially years before an actual separation, as it may not be best for the child at the time of separation. For example, circumstances change, and what may have been good for the child at one point may no longer make sense at a later date.
Can a prenup protect a business in Massachusetts?
Yes, a prenup can protect a business in Massachusetts, as long as it is marked as "Separate Property" on the agreement. Anything deemed separate property by valid and enforceable agreement will not be divisible in a divorce, including business interests. This can include business property, income, equity, and/or debts. Without a prenup, a business in Massachusetts may be subject to division or one party may be required to pay out the other a portion of the value of the business if division of the business isn't feasible.
Can a prenup protect inheritance in Massachusetts?
Yes, a prenup can protect inheritances in Massachusetts, as long as it is marked as "Separate Property" on the agreement. By marking future inheritances as separate property, the spouses can ensure those funds stay in the hands of the person who received them. Without a prenup, inheritances (unlike in other states) are not automatically protected by the default law. Inheritances may be divided up in a divorce, regardless of who they were devised to. (Mass. Gen. Laws ch. 208, § 34).
Marital property in Massachusetts
Is Massachusetts a community property state?
No, Massachusetts is not a community property state, but instead, an equitable distribution state. There are only nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin). In Massachusetts, courts follow the framework of equitable distribution which means that the court has "broad discretion to determine how to divide the entire estate equitably." (Williams v. Massa, 431 Mass. 619 (2000)). In other words, the court will look at the entirety of the situation and circumstances and divide assets and debt as it deems appropriate. This is opposed to community property, where assets acquired during the marriage are generally distributed 50-50 regardless of the circumstances.
How is property divided in a divorce in Massachusetts without a prenup?
Without a prenup, property in a Massachusetts divorce is divided equitably by a judge, based on certain factors laid out by statute. (Mass. Gen. Laws ch. 208, § 34). Some of the factors a court may consider when dividing the marital estate include: the length of the marriage, each spouse's age and health, each spouse's contributions, and other factors. A court may consider the entire situation and divvy up the property and debt in any way it deems reasonable. This may not necessarily be a 50-50 split.
What is separate property in Massachusetts?
Massachusetts does not recognize a formal distinction between "separate property" and "marital property" for purposes of property division in divorce proceedings. Under Massachusetts law, all property that either spouse owns/holds title to, is subject to a potential division, regardless of when or how it was acquired. (T.E. v. A.O., 82 Mass. App. Ct. 586 (2012)). This is unlike many other states, where there is a formal "separate property" statute listing out what the state considers to be automatic separate property. Many states consider property acquired before marriage or through inheritance to be automatically separate property, but Massachusetts does not.
Alimony in Massachusetts
Can a prenup waive alimony in Massachusetts?
Yes, a prenup can waive alimony in Massachusetts, as long as the entire agreement is enforceable, including the waiver. An "alimony waiver" essentially prevents one or both parties from seeking alimony in a divorce. Courts will evaluate whether the agreement was fair and reasonable at the time of executing the agreement and at the time of the separation. This may include an analysis of the fairness of the alimony waiver. For example, if the waiver would require one party to seek public assistance or would leave one party totally destitute, a court may decide it's unenforceable.
Does a prenup prevent spousal support in Massachusetts?
Yes, it is possible for a prenup to prevent spousal support (a.k.a., "alimony") in Massachusetts, as long as the prenup is drafted in such a way. Prenups are custom to the parties who draft it. Couples can choose what clauses that go into their prenuptial agreements, including terms about property division, alimony, debt, inheritances, etc. Couples may choose to include an alimony waiver which, if enforced, would effectively prevent spousal support in Massachusetts.
How is alimony determined in Massachusetts without a prenup?
According to Mass. Gen. Laws ch. 208, §§ 48–55, alimony in Massachusetts is first determined by a court looking at the circumstances, according to a set of factors laid out in § 53, such as the length of the marriage, age and health of each spouse, their earning capacity, employment, and other factors. Massachusetts also provides a statutory cap on alimony, which is 30-35% of the difference between the parties' gross incomes at the time the alimony order is issued, and may not exceed the recipient spouse's demonstrated need.
For example, Spouse A earns $250,000, Spouse B earns $50,000. Income difference is $200,000, so the cap is at 30-35% of $200,000 (which comes out to $60-70k per year). Money paid to child support is excluded from the calculation. The court can also adjust up or down on this amount based on the statutory factors and specific circumstances. (Mass. Gen. Laws ch. 208, § 53).
How much does a prenup cost in Massachusetts?
How much does a prenup cost in Massachusetts?
According to Massachusetts prenup attorney Katherine Bakes, "a prenuptial agreement in Massachusetts typically costs between $2,500 and $10,000+, depending on the complexity of the parties' finances, the extent of negotiations, and whether each party is represented by independent counsel. Massachusetts family law attorneys commonly charge around $350 and $700 per hour, with retainers often ranging from $2,500 to $7,500 or more depending on the anticipated scope of work and the attorney's experience."
What is the cheapest way to get a prenup in Massachusetts?
The cheapest way to get a prenup in Massachusetts is to utilize a reputable online prenup platform and hire attorneys to review it. HelloPrenup offers flat rates ($699 per person) for attorneys to review your online prenup. This is compared to the traditional attorney rates for drafting a prenup, which can climb up to several thousands of dollars to advise, draft, review, and negotiate your prenuptial agreement. Utilizing technology to drastically reduce the price is a great way to get an affordable prenuptial agreement.
How much does a prenup lawyer cost in Massachusetts?
On average, a lawyer in Massachusetts charges about $335 per hour. This rate can vary depending on the attorney's location, accolades, education, and experience. In addition, a prenup attorney may charge parties a retainer. A retainer is an upfront charge that gets applied against future billable time and expenses, often requiring the clients to replenish the retainer if the balance gets fully used during the services. Also, the number of hours an attorney takes to complete the prenup may vary depending on how complex the clients' needs are.
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Book a consultationHow to get a prenup in Massachusetts
How do I get a prenup in Massachusetts?
Couples in Massachusetts can get a prenup a few ways: (1) By hiring two prenup attorneys and going the "traditional prenup route," (2) By using an online prenup platform, or (3) By using an online prenup platform and having an attorney review the online prenup. Any of these options is a viable way to get a prenuptial agreement. Having attorney representation increases the odds of the agreement holding up against a challenge, but it is not a requirement.
Can I write my own prenup in Massachusetts?
Technically, yes, you can write your own prenup in Massachusetts because a prenup lawyer is not required. However, it is risky. If you are not an attorney, you may not fully understand the proper requirements for creating a valid and enforceable prenup. For example, understanding how to include proper financial disclosure or how to ensure the agreement will withstand the Massachusetts "second-look test" are key requirements in a Massachusetts prenup.
How long does it take to get a prenup in Massachusetts?
It depends on how committed each partner is to the process, how much negotiation happens, and how available the attorney is. If the parties are committed to answering questions, speaking with their lawyer (if they have one), and sorting out financials, the process will be much smoother. With HelloPrenup, if the parties are not hiring an attorney, they can generate a prenup within two hours. If they are hiring a Massachusetts attorney, then the process usually takes a few days to a week.
Do I need a lawyer to get a prenup in Massachusetts?
No, a lawyer is not a prerequisite for a valid prenup in Massachusetts. (Ansin v. Craven-Ansin, 457 Mass. 283 (2010)). However, courts may look at the presence or absence of a prenup attorney if the agreement is ever challenged. If both parties have legal representation, it's harder to make an argument that they didn't enter into the agreement voluntarily or didn't understand what they were signing since they had a legal advocate helping them.
Caselaw & enforceability
Are prenups enforceable in Massachusetts?
Yes, prenuptial agreements are enforceable in Massachusetts, as long as they meet the state requirements. Prenups in Massachusetts must be in writing, signed, include financial disclosure, be fair and reasonable, and entered into voluntarily. Massachusetts courts also have a somewhat unique test they implement when evaluating prenups called the "second look test." (DeMatteo v. DeMatteo, 436 Mass. 18 (2002)). This means that even if a prenup was valid when it was signed, a court may decline to enforce certain provisions if enforcement would be unfair at the time of divorce due to circumstances that arose during the marriage. For this reason, Massachusetts couples should ensure their agreement is carefully drafted and periodically reviewed as their financial circumstances change.
How hard is it to break a prenup in Massachusetts?
It is difficult to break a prenup in Massachusetts that has been properly executed and is fair to both parties. Courts may not "break" a prenup for any reason. It must be rooted in a valid legal reason laid out by state law, such as one party didn't enter into the agreement voluntarily, it is substantively unfair and unreasonable, or it lacks proper financial disclosure. Without proving certain legal grounds, a prenup will hold up in Massachusetts courts.
Can a judge throw out a prenup in Massachusetts?
Yes, it is possible for a judge to throw out a prenup in Massachusetts, but it may only be for a reason laid out by the state legislature or judiciary. For example, a judge can throw out a prenup if there is improper financial disclosure according to Rosenberg v. Lipnick, 377 Mass. 666 (1979), which states that "the contesting party was fully informed of the other party's worth prior to execution."
What can void a prenup in Massachusetts?
A prenuptial agreement in Massachusetts can be voided only under certain circumstances:
- If the agreement is not in writing or signed
- If it does not have proper financial disclosure, i.e., one of the parties omitted material financial information
- If the agreement does not provide a substantively fair provision for one party at the time of divorce
- If one of the parties did not enter into the agreement voluntarily
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Start your prenup for freeDuration & after-marriage
How long does a prenup last in Massachusetts?
A prenup in Massachusetts lasts forever, unless the parties specifically draft the agreement to expire on a certain date. Prenuptial agreements do not have an expiration date by default. However, some couples may want their prenup to have an expiration date, such as if the marriage lasts for a long time. For example, couples may opt into a "sunset clause" which effectively "sunsets" the agreement on a certain wedding anniversary (i.e., 25th wedding anniversary). The reason for this may be due to the belief that, after a lengthy marriage, the circumstances that existed when the prenup was signed may no longer reflect the couple's wishes.
Can you get a prenup after marriage in Massachusetts?
No, you cannot get a "prenup" after marriage, but you may get a postnuptial agreement. In Massachusetts, postnuptial agreements will be enforced as long as there is no fraud or coercion in the execution of the agreement. Courts will also utilize the second-look test, as they do with prenuptial agreements, where the court ensures the agreement is reasonable at the time of separation. (Ansin v. Craven-Ansin, 457 Mass. 283 (2010)). However, courts will apply a heightened level of scrutiny (compared to prenups) when analyzing a postnup.
Can you change a prenup in Massachusetts?
Yes, you can change a prenup in Massachusetts by "amending" your prenuptial agreement. This requires the parties to update the terms of their prenup during the marriage, which means they are technically creating postnuptial agreements. Massachusetts courts recognize and enforce prenup amendments, such as in Houvouras v. Houvouras, 96 Mass. App. Ct. 1109, where the parties amended their original prenup five separate times during their marriage through postnuptial agreements. The court ultimately treated those amendments as valid and enforceable, but like any other postnup. It was analyzed under the same lens. The amendment(s) must be entered into voluntarily and remain fair and reasonable at the time of the separation. (Houvouras v. Houvouras, 96 Mass. App. Ct. 1109 (2019)).
Cross-border & recognition
Is a prenup signed in another state valid in Massachusetts?
Yes, as long as the prenup was validly created in the original state and is not against Massachusetts' public policy. In addition, Massachusetts courts will also apply the substantive law of a foreign state if that was the selected choice of law that the parties included. For example, in Tyler v. Tyler, 102 Mass. App. Ct. 1121, a Massachusetts court applied Florida law to interpret a prenuptial agreement where the parties had included a choice of law provision designating Florida law, even though the parties resided in Massachusetts for most of their marriage (Tyler v. Tyler, 102 Mass. App. Ct. 1121 (2023)).
What happens to my Massachusetts prenup if I move to another state?
Generally, it will be upheld, as long as it was validly created in Massachusetts. Other states generally respect agreements created in other states. However, the underlying substantive law that gets applied may vary. Most prenups include a choice of law clause which tells a court what law to apply. However, courts may or may not refuse to apply substantive law of another state. For example, if your choice of law clause is Massachusetts, but you move to and divorce in California, what happens? Generally, the agreement itself will be upheld, as long as it was properly executed in Massachusetts. But, will a California court apply Massachusetts divorce laws to the definitions in the agreement? It depends. That's where the variation in outcomes can come into play.
Massachusetts caselaw
Important prenup case law in Massachusetts
Six Massachusetts decisions that every Massachusetts prenup should be drafted to satisfy. Click any case for the full opinion.
Mass. SJC · 2002
DeMatteo v. DeMatteo
436 Mass. 18 (2002)
The foundational Massachusetts case on validity. Establishes the “second-look” test, under which courts judge fairness both at signing and at the time of divorce.
Mass. SJC · 2005
Austin v. Austin
445 Mass. 601 (2005)
Reaffirms the second-look test, requiring courts to take a “second look” at the agreement to ensure it remains fair and reasonable at the time of enforcement.
Mass. SJC · 2010
Ansin v. Craven-Ansin
457 Mass. 283 (2010)
Courts give greater latitude to agreements where each party was represented by separate counsel of their own choosing. Also governs how postnuptial agreements are reviewed.
Mass. SJC · 1979
Rosenberg v. Lipnick
377 Mass. 666 (1979)
Financial disclosure case. A prenup can be thrown out unless the contesting party was fully informed of the other party’s worth prior to execution.
Mass. SJC · 2000
Williams v. Massa
431 Mass. 619 (2000)
Confirms Massachusetts is an equitable distribution state, giving courts broad discretion to divide the entire marital estate equitably rather than 50-50.
Mass. App. Ct. · 2023
Tyler v. Tyler
102 Mass. App. Ct. 1121 (2023)
Cross-border recognition. A Massachusetts court applied Florida law to interpret a prenup where the parties had included a Florida choice-of-law provision.
How it works
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Step 1
Fill out your questionnaires
Both you and your partner will fill out your own Massachusetts-specific questionnaires on your own HelloPrenup accounts. The questions cover separate property, gifts & inheritance, debts, pets, businesses, and the issues that matter in Massachusetts, like fair and reasonable financial disclosure.
Step 2
Align on clauses together
Compare answers with your partner and align on differences to build your custom Massachusetts clauses together. Negotiate openly without back-and-forth attorney emails.
Step 3 (optional)
Review with a Massachusetts attorney
In Massachusetts, having an attorney is one of the biggest enforceability levers you can pull. Add a Massachusetts attorney directly in your account for $699 flat, per partner. That's far below the $2,500 to $10,000+ typical for a traditional Massachusetts prenup.
Step 4
Review & notarize your prenup
Review your completed Massachusetts prenup and notarize it easily online through our partner, Proof. Notarization isn't strictly required in Massachusetts, but it's strongly recommended and standard practice.
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No awkward conversations or confusing legal jargon. Our platform walks you through every Massachusetts-specific decision, together.
Built for complex assets
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Frequently asked questions about Massachusetts prenups
Direct answers to the most common questions about prenuptial agreements in Massachusetts, with statute and case citations.
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The information on this page was last updated in June, 2026. HelloPrenup provides a platform for self-help. The information provided by Hello Prenup along with the content on our website related to legal matters ("Legal Information") is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Hello Prenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.