- Massachusetts is an equitable distribution state — courts divide assets based on fairness, not an automatic 50/50 split.
- Notarization is recommended but not required for prenups in Massachusetts.
- Witnesses are recommended but not legally required.
- Full financial disclosure by both parties is required by law.
- Massachusetts has no mandatory waiting period, but signing at least 30 days before the wedding is recommended.
How Massachusetts classifies marital property
Massachusetts uses equitable distribution to divide marital property at divorce. Courts consider each spouse’s income, contributions to the marriage, length of the marriage, and other factors — but “equitable” doesn’t mean equal. A prenup lets you define your own division rules in advance, removing uncertainty about how a court might split your assets.
Understanding Massachusetts's equitable distribution system is critical because a prenup is essentially your opportunity to override these default rules. Without one, a judge decides what's "fair" based on subjective factors like each spouse's income, contributions, and future needs.
The legal framework: ALM GL ch. 209, § 25; DeMatteo v. DeMatteo (2002)
Prenuptial agreements in Massachusetts are governed by ALM GL ch. 209, § 25; DeMatteo v. DeMatteo (2002). While Massachusetts has not adopted the Uniform Premarital Agreement Act (UPAA), the state's statutes provide clear requirements for valid prenuptial agreements.
Signing requirements in Massachusetts
Massachusetts has specific requirements that must be met for a prenuptial agreement to be valid. Missing any of these can give a court grounds to throw out the entire agreement.
- **Written agreement** — Must be in writing — verbal prenups are not valid
- **Signed by both parties** — Both parties must sign voluntarily before the wedding
- **Notarization recommended** — Not legally required but strongly advised for court enforceability
- **Independent legal counsel (strongly recommended)** — Massachusetts courts heavily weigh whether each party had their own attorney — strongly affects enforceability
- **Full financial disclosure** — Both parties must disclose all assets, debts, and income — incomplete disclosure is the #1 reason prenups are invalidated
- **State-specific requirement** — Two-tiered review: fair at execution AND fair at enforcement (DeMatteo v. DeMatteo)
Spousal support in a Massachusetts prenup
Spousal support waivers are generally enforceable in Massachusetts prenups, provided the agreement meets all other legal requirements — voluntary execution, full financial disclosure, and terms that are not unconscionable. Note: Court applies second look doctrine — reviews fairness both at signing and at time of divorce.
Key case law: DeMatteo v. DeMatteo (2002)
The Massachusetts Supreme Judicial Court established a two-tiered fairness review: a prenup must be fair and reasonable both at the time of execution and at the time of enforcement (divorce). Courts apply a “second look” at divorce proceedings.
What this means for your prenup: Clause structures Massachusetts prenups to address both the signing-day review and the enforcement-day review, reducing the risk of a court refusing to enforce your agreement.
Sunset clauses and special provisions
Massachusetts courts will enforce sunset clauses — provisions that cause the prenup to expire after a set number of years. If you want the agreement to remain in effect indefinitely, make sure to exclude a sunset clause or explicitly state that the agreement has no expiration.
Build your Massachusetts prenup on Clause
Clause generates a legally valid, Massachusetts-specific prenuptial agreement starting at $549 — a fraction of the $5,000–$20,000 that traditional attorney-drafted prenups cost in Massachusetts. The Agreement Builder automatically handles Massachusetts's signing requirements, and financial disclosure obligations. Attorney review and online notarization are available as add-ons.
Clause is not a law firm and this article is not legal advice. For guidance specific to your situation, consult a licensed family law attorney in Massachusetts.