MA · Equitable distribution

Massachusetts Prenuptial Agreements

Massachusetts has not adopted a uniform act; prenuptial agreements are governed by DeMatteo v. DeMatteo. An agreement must be fair and reasonable at signing (the “first look”) and conscionable at enforcement (the “second look”).

Flat fee from $1,500 · a fraction of a $15,000–$100,000+ divorce

Equitable distribution

How Massachusetts divides property.

Massachusetts is an equitable-distribution, “all property” state — a court can divide all property at divorce. A prenup lets you set the terms instead.

WealthGuard builds your agreement around these rules — so it’s tailored to Massachusetts, not a generic national template.

What Massachusetts requires

Fair and reasonable at execution (first look)

Each party must make sufficient disclosure and be aware of their rights regarding alimony and property division; terms must not vitiate the status of marriage.

Conscionable at enforcement (second look)

A court may decline to enforce a term if changed circumstances would leave the contesting spouse without sufficient property, maintenance, or appropriate employment.

In writing and signed

The agreement must be a written contract signed by both parties before the marriage.

Full and fair financial disclosure

Each party should fully disclose assets, debts, and income. Inadequate disclosure is a leading reason agreements are later thrown out.

Voluntary, without duress

Both parties must sign freely — not under pressure, and with enough time to review. Last-minute, eve-of-wedding signings invite challenges.

How WealthGuard handles Massachusetts

Your state’s rules, applied automatically.

State-aware interview

The guided interview captures the facts Massachusetts cares about — including disclosure and execution requirements.

Enforceability review

A 15-point review checks the agreement against the factors that get prenups thrown out before anything is generated.

Attorney-ready package

You receive the agreement, schedules, disclosures, and a memo — ready for a licensed Massachusetts attorney to review and finalize.

Massachusetts legal sources

This page is general information, not legal advice, and law changes over time. WealthGuard is not a law firm; your agreement is reviewed by an independent licensed attorney before you sign.