Postnuptial Agreements in Massachusetts: What a Massachusetts Post Nup Can and Can’t Do
A clear look at how a Massachusetts postnuptial agreement works, why couples who are already married use one, and how it differs from a prenuptial agreement signed before the wedding.
A postnuptial agreement — often shortened to “post nup” — is a written contract that a married couple signs after their wedding to decide, in advance, how they will divide property, debt, and sometimes spousal support if they later divorce. In Massachusetts, post nups are legal and increasingly common, but the rules for enforcing them are stricter than the rules for prenuptial agreements, and understanding that gap matters before anyone signs.
Why Married Couples in Massachusetts Sign a Post Nup
Couples reach for a Massachusetts postnuptial agreement for reasons that usually have nothing to do with planning a divorce. One spouse might start a business and want to protect the other spouse’s separate assets from business debt. A couple might receive an inheritance and want to clarify how it should be treated. Sometimes as part of reconciling rather than separating. Blended families also use post-nups to spell out what each spouse’s children from a prior relationship will receive.
Enforceability Under Massachusetts Law
Massachusetts appellate courts, notably in the case of Ansin v. Craven-Ansin, recognized postnuptial agreements as enforceable contracts, but only when certain safeguards are met. A Massachusetts post nup is more likely to hold up in court when both spouses had their own attorney, both fully and honestly disclosed their income, assets, and debts, neither spouse signed under pressure or a short deadline, and the terms were fair both at signing and at the time the agreement is later enforced. Judges pay particular attention to that last point — a post nup that looked reasonable years ago but has become dramatically one-sided by the time of a divorce can be set aside, even if nothing was wrong when it was signed.
What a Massachusetts Post Nup Can Cover
- Division of property acquired during the marriage
- Treatment of separate property, gifts, and inheritances
- Responsibility for existing or future debts
- Alimony terms in the event of a divorce
- Business ownership and protection of a spouse’s business interests
A post nup cannot decide child custody or child support in advance; Massachusetts courts always retain authority over those issues based on the child’s best interests at the time they arise.
Getting a Post Nup Right
Because Massachusetts courts hold postnuptial agreements to a demanding fairness standard, the details of drafting matter as much as the decision to sign one. Separate counsel for each spouse, complete financial disclosure, and reasonable time to review the agreement are the three factors that most often decide whether a Massachusetts post nup survives a later challenge. Couples considering one should work with a Massachusetts family law attorney familiar with the enforceability standards these agreements face, rather than relying on a generic template. A court will want to see the parties understood and negotiated for a fair outcome. They did not just sign a boilerplate agreement.
Why Hiring a Massachusetts Postnup Lawyer Is Essential
Perhaps the single most critical step in creating a valid postnuptial agreement is ensuring that both parties are represented by their own independent Massachusetts postnup lawyer. Having separate legal counsel protects each person’s individual interests and significantly strengthens the enforceability of the agreement.
An experienced Massachusetts postnup attorney will:
- Educate the client on full requirements and duties under Massachusetts General Laws.
- Ensure all legal requirements under Massachusetts law are met
- Guide you through proper full financial disclosure
- Negotiate terms that are fair and reasonable for both parties
- Draft an agreement built to withstand court scrutiny under the heightened fairness standard applied to postnuptial agreements
- Protect your rights and financial interests both now and in the future
- Educate the client of all of their rights under the law.
The process for getting a postnuptial agreement is very simple. Just call our office or fill out the form below, and we can start the process and provide instructions on the information we need. Melcher Law PC does both sides of this kind of matter. We create postnuptial agreements and review postnuptial agreements prepared by other attorneys.