Prenuptial and Postnuptial Agreements in Massachusetts: A Smart, Modern Approach to Marriage
For a long time, prenuptial agreements carried a certain stigma. People associated them with distrust, pessimism, or even an expectation that the marriage might fail. But that perception has been steadily changing—especially here in Massachusetts.
Today, more couples than ever are choosing to enter into prenuptial (and sometimes postnuptial) agreements. And they’re not doing it because they believe their relationship is fragile. They’re doing it because they understand something fundamental: marriage is both an emotional partnership and a financial one.
Having clarity about the financial side of a relationship doesn’t weaken it. In many cases, it actually strengthens it.
Why Prenups Are More Common Than Ever
If you look at how relationships have evolved over the past few decades, the rise in prenuptial agreements starts to make a lot of sense.
People are getting married later. By the time many couples walk down the aisle, they’ve already built careers, purchased homes, accumulated savings, and sometimes even started businesses. This isn’t the traditional model of two people starting from scratch together—it’s often two fully formed financial lives merging into one.
At the same time, we’re in the middle of one of the largest intergenerational wealth transfers in history. Many individuals either have inherited significant assets or expect to in the future. Naturally, they want to make sure those assets remain protected.
There’s also a growing level of financial literacy. People today are more comfortable talking about money, investments, and long-term planning. They understand that just as they might have a will or an estate plan, it makes sense to have a clear plan for how their financial lives would be handled if a marriage ends.
And perhaps most importantly, couples are beginning to see these agreements not as a sign of mistrust—but as a form of transparency.
What a Prenuptial Agreement Actually Does
At its core, a prenuptial agreement is simply a contract entered into before marriage that defines how financial matters will be handled if the marriage ends.
That can include how assets are divided, what happens to property brought into the marriage, and whether alimony will be paid or waived. It can also outline how certain financial responsibilities will be handled during the marriage itself.
What it doesn’t do is control everything. In Massachusetts, issues involving children—like custody and child support—cannot be predetermined in a prenup. Those decisions are always left to the court and must be based on the child’s best interests at the time.
But within its proper scope, a prenuptial agreement can bring a significant amount of clarity to what would otherwise be a very uncertain situation.
How Massachusetts Courts Look at Prenups
Massachusetts has developed a well-defined framework for evaluating prenuptial agreements, largely shaped by the Supreme Judicial Court’s decision in DeMatteo v. DeMatteo .
The approach is often referred to as the “second look” test, and it’s one of the most important concepts to understand.
Rather than asking a single question about whether an agreement is valid, the court looks at it twice—once at the beginning of the marriage, and again at the end.
The First Look: When the Agreement Is Signed
When a prenuptial agreement is executed, the court examines whether it was fair and reasonable at that moment in time.
That doesn’t mean the agreement has to be equal. In fact, Massachusetts law explicitly allows for agreements that are uneven. One spouse can agree to receive far less than they might otherwise be entitled to under the law.
What the court is really concerned about is whether the agreement crosses a line—whether it leaves one person with essentially nothing. The language the courts use is whether a spouse has been “stripped of substantially all marital interests.”
To get to that point, courts also look closely at how the agreement was created. Was there full financial disclosure? Did both parties understand what they were signing? Was anyone pressured or misled?
If the answers to those questions are satisfactory, the agreement will almost always be considered valid at the time of execution.
The Second Look: When the Marriage Ends
Even if an agreement passes the first test, it doesn’t automatically get enforced years later.
At the time of divorce, the court takes a second look to determine whether enforcing the agreement would still be fair under the circumstances.
This is where the concept of “conscionability” comes into play. The court asks whether something has changed so significantly during the marriage that enforcing the agreement would leave one spouse unable to support themselves.
But this is a high bar. It’s not enough that one spouse ends up with less, or that the lifestyle after divorce is different from the lifestyle during the marriage. Massachusetts courts have made clear that those outcomes are often exactly what prenuptial agreements are designed to produce.
Instead, the concern is whether enforcement would leave someone without sufficient property, maintenance, or means of support.
Austin v. Austin: A Real-World Example
The case of Austin v. Austin illustrates how this plays out in practice .
In that case, the parties signed a prenuptial agreement that included a waiver of alimony. When the marriage ended, the trial court initially attempted to override that waiver and award alimony anyway.
But the Supreme Judicial Court reversed that decision.
The Court emphasized that the agreement had been entered into knowingly and voluntarily, with full awareness of each party’s financial situation. It also made clear that a disparity in income between spouses is not enough to invalidate an agreement.
Perhaps most importantly, the Court looked at the outcome. The wife was not left without resources—she received a home worth over $1 million, along with substantial additional assets.
Because she was not deprived of the ability to support herself, the agreement was enforced, including the waiver of alimony.
The takeaway is an important one: Massachusetts courts will respect these agreements, even when they produce uneven results, so long as they are fundamentally fair.
Postnuptial Agreements: Similar, But More Scrutinized
While prenuptial agreements are entered into before marriage, postnuptial agreements are created after the marriage has already begun.
At first glance, they serve a similar purpose. Couples may use them to address changes in financial circumstances, protect new assets, or simply formalize financial expectations.
But from a legal standpoint, postnuptial agreements are treated differently.
The Supreme Judicial Court’s decision in Ansin confirmed that postnuptial agreements are enforceable in Massachusetts—but also made clear that they are subject to stricter scrutiny.
That’s because spouses are no longer negotiating at arm’s length. They are already in a legally recognized relationship that carries a heightened duty of loyalty and fairness.
A Higher Standard for Postnuptial Agreements
When reviewing a postnuptial agreement, courts look more closely at whether the process was truly fair.
They want to see that both parties had the opportunity to obtain independent legal counsel, that there was complete financial transparency, and that any waiver of rights was clear and explicit.
But beyond those procedural safeguards, courts also take a more searching look at the substance of the agreement itself.
Unlike prenuptial agreements, where the second look focuses on “conscionability,” postnuptial agreements are evaluated in light of what courts describe as a “duty of absolute fidelity.”
In other words, the expectation of fairness is higher.
This doesn’t mean postnuptial agreements are unenforceable—far from it. But it does mean they must be approached with greater care.
Why These Agreements Can Strengthen a Marriage
One of the most interesting shifts in recent years is how people think about these agreements.
Instead of seeing them as a hedge against failure, many couples now see them as a tool for clarity.
When you sit down with your partner and talk through a prenuptial agreement, you’re not just discussing hypothetical divorce scenarios. You’re having real conversations about money, expectations, priorities, and long-term goals.
Those are conversations that every couple should be having anyway.
The difference is that a prenuptial agreement creates a structured environment for having them—and ensures that both people fully understand where the other stands.
It also removes a significant amount of uncertainty. If a marriage does end, the financial framework has already been established. That can reduce conflict, shorten litigation, and make an inherently difficult process a little more manageable.
Clearing Up a Few Common Misconceptions
A lot of hesitation around prenuptial agreements comes from misunderstandings.
Some people assume they are only for the ultra-wealthy. In reality, anyone with assets, income, or future earning potential can benefit from having one.
Others worry that bringing up a prenup signals a lack of trust. But in practice, many couples find that the process actually builds trust, because it requires honesty and openness.
There’s also a belief that courts won’t enforce these agreements anyway. Massachusetts law—and cases like DeMatteo and Austin—make clear that this simply isn’t true. When done properly, these agreements are regularly upheld.
And finally, some people think the agreement has to be perfectly equal to be valid. It doesn’t. The law allows for uneven outcomes, as long as they are not fundamentally unfair.
A Practical, Thoughtful Step
At the end of the day, prenuptial and postnuptial agreements are about planning.
They’re about recognizing that marriage, while deeply personal, also has legal and financial consequences. And they’re about giving couples the ability to shape those consequences in a way that reflects their own values and priorities.
Massachusetts law supports that approach. As long as agreements are entered into fairly and remain reasonable over time, courts will generally respect them.
For many couples, that makes a prenuptial agreement not just a legal document—but a thoughtful, intentional step toward building a stronger, more transparent partnership.
FAQ: Prenuptial and Postnuptial Agreements in Massachusetts
Do both people need lawyers?
Technically no, but in practice, yes. Independent legal counsel for each party is one of the strongest indicators that an agreement will be upheld.
Can alimony really be waived?
Yes. Massachusetts courts have clearly held that alimony waivers are enforceable in the right circumstances.
What if things change during the marriage?
That’s exactly why courts take a “second look” at the time of divorce. If enforcing the agreement would be fundamentally unfair, a court can step in.
Are postnuptial agreements harder to enforce?
They can be, because courts apply a stricter standard due to the existing marital relationship.
When should we start the process?
Earlier than you think. Ideally, several months before the wedding, to avoid any argument that one party felt pressured.