Prenuptial and Postnuptial Agreements in Massachusetts: What You Need to Know Before You Sign

A prenuptial or postnuptial agreement is not about planning for failure — it is about protecting what matters most to both of you, no matter what the future holds.

Key Takeaways:

• Prenuptial agreements are made before marriage and postnuptial agreements are made after, but both serve a similar purpose: giving couples control over how their finances and assets would be handled in the event of a divorce or death.
  

• Massachusetts courts apply strict standards when reviewing whether these agreements are enforceable, which makes having experienced legal guidance essential during the drafting process.
  

• These agreements are not just for the wealthy. Anyone entering a marriage with assets, children from a previous relationship, a business, or significant debt can benefit from having one.

There is a common misconception that prenuptial and postnuptial agreements are only for the rich or that signing one signals a lack of trust. In reality, these agreements are one of the most practical and honest things a couple can do for each other. They acknowledge that life is unpredictable and that both partners deserve clarity about where they stand financially, regardless of what happens in the future.

At O’Connor Family Law, we have seen firsthand how the absence of a clear agreement can complicate an already painful process. Every attorney on our team has personal experience with divorce or custody matters, which means we understand the emotional and financial weight these situations carry. We believe that knowledge is power, and helping you understand your options — including marital agreements — is a core part of what we do.

What Is a Prenuptial Agreement?

A prenuptial agreement, sometimes called a premarital agreement or a “prenup,” is a legally binding contract entered into by two people before they get married. It outlines how assets, debts, and other financial matters would be handled if the marriage ends in divorce, separation, or death.

A prenuptial agreement can address a range of issues, including which assets each spouse will keep as separate property, how marital property would be divided, whether alimony or spousal support would be paid and under what circumstances, and how specific debts are allocated. 

What a prenuptial agreement cannot do in Massachusetts is override the court’s authority when it comes to child custody and child support. Those matters are always subject to judicial review, and no agreement can bind a court to a particular outcome when children are involved.

Prenuptial agreements are particularly useful for people who are entering a marriage with significant assets, a business, real estate, retirement savings, or children from a prior relationship. They can also be helpful for anyone who wants to limit exposure to a partner’s existing debts.

What Is a Postnuptial Agreement?

A postnuptial agreement is essentially the same concept, but it is entered into after the couple is already married. Postnuptial agreements are less well-known than prenups but can be just as valuable.

Couples often turn to postnuptial agreements when circumstances change during the marriage. A spouse might launch a new business and want to protect it. One partner might receive a significant inheritance. A couple might be working through a difficult period and want to create clearer financial expectations as part of rebuilding trust. In other cases, one or both spouses may have simply realized that they never had the conversation and want to address it now.

Massachusetts courts recognize postnuptial agreements, but they apply careful scrutiny to them. The standards for enforceability are strict, which is why having an attorney involved in drafting the agreement is critical.

What Massachusetts Courts Look For

Massachusetts does not have a statute that specifically governs prenuptial agreements the way some other states do. Courts instead rely on established case law to evaluate whether these agreements are valid and enforceable.

When reviewing a prenuptial agreement, a Massachusetts court will generally look at whether both parties entered into the agreement voluntarily, without coercion or undue pressure. The court will also examine whether both parties fully disclosed their financial situations before signing. An agreement signed without honest financial disclosure on both sides can be challenged and potentially thrown out.

Courts also consider whether both parties had the opportunity to consult with their own independent attorneys. This is not just a technical formality — it goes to whether each person truly understood what they were signing. And even if the agreement was enforceable when it was made, a court may refuse to enforce it if doing so would leave one spouse without the ability to support themselves.

For postnuptial agreements, the scrutiny is even more intense, because the court recognizes that the power dynamics and circumstances within a marriage can make it harder to ensure that both parties are acting completely voluntarily.

Common Mistakes to Avoid

There are several patterns that can undermine an otherwise well-intentioned agreement.

Waiting until the last minute is one of the most common problems. An agreement signed days before a wedding can be challenged on the grounds that one party felt pressured to sign in order not to derail the ceremony. Both parties should have ample time to review, ask questions, and consult with their own attorneys.

Using a single attorney for both parties is another problem. Each person in the agreement should have their own independent legal counsel to ensure that their individual interests are represented and that the agreement is not later challenged on the grounds that one party lacked meaningful representation.

Incomplete financial disclosure is one of the most reliable ways to get an agreement invalidated. Both parties need to be honest and thorough about what they own, what they owe, and what their income looks like. Hiding assets or understating liabilities can void an agreement entirely.

Finally, trying to include provisions that courts will not honor — such as terms related to child custody or support — does not invalidate the whole agreement, but it can create confusion and weaken the overall document.

Who Should Consider a Marital Agreement?

You do not need to have a high net worth to benefit from a prenuptial or postnuptial agreement. These agreements make sense for a wide range of situations.

If you are entering a second marriage, an agreement can protect assets that you want to preserve for children from your first marriage. If you own a business, an agreement can establish that your company is separate property. If one of you is bringing significant debt into the marriage, an agreement can protect the other partner from exposure to that debt. If you or your partner has a substantially higher income or earning potential, an agreement can define alimony expectations upfront.

Even for couples without complicated finances, the process of creating an agreement can be genuinely valuable. It opens up a direct conversation about money, expectations, and what each person values, conversations that many couples avoid but that often matter enormously.

How O’Connor Family Law Can Help

At O’Connor Family Law, we approach every case with the understanding that legal documents carry real human weight. Our attorneys have been through divorce and custody challenges personally. We know that agreements made today can shape your life years from now, and we take that responsibility seriously.

We will help you understand what a prenuptial or postnuptial agreement can and cannot accomplish, walk you through the drafting process in plain, understandable language, and make sure the final document reflects your goals and meets Massachusetts legal standards. Whether you are drafting an agreement from scratch, reviewing one your partner has proposed, or thinking through whether a postnuptial agreement might help your current situation, we are here to provide honest guidance and strong advocacy.

You deserve to enter your marriage — or continue it — with clarity about where things stand. Our team is here to help you get there.

Take the Next Step

Prenuptial and postnuptial agreements work best when both parties are informed, represented, and have had the time to think clearly. If you are considering one of these agreements, now is the right time to start the conversation.

Schedule a free case evaluation with O’Connor Family Law today. We will listen to your situation, explain your options, and help you understand whether a marital agreement is the right step for you and your family. You do not have to face this process alone, and you do not have to settle for uncertainty when clarity is within reach.