Massachusetts Postnuptial Agreement Overview
Massachusetts recognizes postnuptial agreements under the landmark Massachusetts Supreme Judicial Court decision in Ansin v. Ansin (2009), which established a clear framework for the enforceability of postnuptial agreements in the Commonwealth. Before Ansin, Massachusetts law on postnups was uncertain.
Massachusetts is an equitable distribution state under M.G.L. Chapter 208, Section 34, where marital property is divided considering a wide range of factors. The Ansin decision established that postnuptial agreements are enforceable contracts subject to heightened scrutiny because of the fiduciary relationship between spouses.
The Ansin framework requires that postnuptial agreements meet six specific criteria: the agreement must contain fair and reasonable provisions, each party must have had an opportunity to consult with independent counsel, there must be full financial disclosure, the agreement must be executed voluntarily and free from fraud or duress, and the agreement must be fair and reasonable at the time of enforcement.
Yes
Postnup recognized
Recommended
Independent counsel
Recommended
Notarization required
Yes
Full disclosure required
Massachusetts Postnuptial Agreement Legal Requirements
Massachusetts postnuptial agreements must meet the six-factor Ansin v. Ansin (2009) standard established by the Supreme Judicial Court.
Important: Massachusetts Execution Requirements
Massachusetts applies the Ansin v. Ansin six-factor test: fair and reasonable provisions, opportunity for independent counsel, full financial disclosure, voluntary execution without fraud or duress, and fairness at the time of enforcement. This is one of the most protective standards in the country.
Formal Requirements
- Written Agreement: Massachusetts requires the postnuptial agreement to be in writing — oral agreements between spouses are not enforceable
- Both Spouses Must Sign: The agreement must be signed by both spouses to be valid under Massachusetts law
- Voluntary Execution: Both spouses must sign voluntarily without duress, coercion, or undue influence
- Full Financial Disclosure: Both spouses must provide complete and accurate disclosure of all assets, debts, income, and financial obligations
- Not Unconscionable: The agreement must not be so one-sided as to be unconscionable under Massachusetts law
What Can Be Addressed
- Rights and obligations in property owned by either or both spouses
- Disposition of property upon separation, divorce, or death
- Spousal support (alimony) terms, modifications, or waivers
- Life insurance, estate planning, and inheritance provisions
- Debt allocation and responsibility for financial obligations
- Any other matter not in violation of Massachusetts public policy or criminal law
Massachusetts Postnup Enforceability Rules
Under the Ansin v. Ansin standard, Massachusetts courts evaluate postnuptial agreements against six specific criteria. This is one of the most detailed and protective frameworks in the country, reflecting the heightened duties that spouses owe each other.
Spousal Support Waiver
Subject to the Ansin fairness standard — Massachusetts courts review spousal support provisions at both execution and enforcement to ensure they remain fair and reasonable
Consideration Requirement
Massachusetts does not require separate consideration under the Ansin framework
Unconscionability Standard
Massachusetts applies the Ansin six-factor test, evaluating fairness at both execution and enforcement
Massachusetts Postnuptial Agreement Costs
The cost of creating a postnuptial agreement in Massachusetts depends on the complexity of your financial situation and whether you hire attorneys. Here is a breakdown of typical costs:
| Fee / Cost | Amount |
|---|---|
| Attorney Fees (per spouse) | $3,000 - $10,000 |
| Notarization Fee | $5 - $15 |
| Court Filing Fee | N/A (not filed with court) |
| Online Template Service | $0 - $500 |
| Financial Advisor Consultation | $200 - $500 per hour |
| Business Valuation (if needed) | $3,000 - $15,000+ |
Sample Massachusetts Postnuptial Agreement
Below is a preview of our Massachusetts-specific postnuptial agreement template. Your customized document will include all provisions required for enforceability under Massachusetts law.
STATE OF MASSACHUSETTS
POSTNUPTIAL AGREEMENT
Marital Agreement Under Massachusetts Law
SPOUSE 1:
Name: [Full Legal Name]
Address: [Massachusetts Address]
Attorney: [Attorney Name]
SPOUSE 2:
Name: [Full Legal Name]
Address: [Massachusetts Address]
Attorney: [Attorney Name]
AGREEMENT TERMS
Date of Marriage: [Date]
Separate Property Schedules: [Attached as Exhibits A & B]
Spousal Support Terms: [As Defined in Article III]
Governing Law: State of Massachusetts
Massachusetts Postnuptial Agreement FAQ
Answers to common questions about postnuptial agreements in Massachusetts, including enforceability, legal requirements, and state-specific rules.
Official Massachusetts Resources
Use these official resources for additional information about Massachusetts family law, postnuptial agreement requirements, and finding a qualified attorney.
Massachusetts Bar Association
Find a family law attorney and legal resources
Massachusetts General Laws Chapter 208 — Divorce
Official state statutes governing divorce and property division
American Academy of Matrimonial Lawyers
Find a certified family law specialist in Massachusetts
ABA Section of Family Law
American Bar Association family law resources
Related Massachusetts Documents
Depending on your situation, you may need additional family law documents to complement your Massachusetts postnuptial agreement.
Massachusetts Prenuptial Agreement
Financial agreement for couples planning to marry
Massachusetts Separation Agreement
Divide assets and debts during legal separation
Massachusetts Divorce Forms
State-specific divorce petition and filing documents
Massachusetts Estate Planning
Wills, trusts, and estate documents to coordinate with your postnup
Create your Massachusetts Postnuptial Agreement in under 5 minutes.
Answer a few questions and download a Massachusetts-compliant document, ready for the state agency.