Hingham, MA family law attorney Jason V. Owens discusses the limits and benefits to prenuptial agreements in Massachusetts. He states that Massachusetts prenuptial agreements are enforceable but come with certain limitations compared to other states. Unlike jurisdictions that treat prenuptial agreements strictly as contracts—where whatever the agreement states is generally followed—Massachusetts courts apply a “two-look” test. They assess whether the agreement was fair and reasonable at the time it was executed and whether it remains fair and reasonable at the time of divorce.

In practice, Massachusetts prenuptial agreements are highly effective for protecting premarital assets, as well as inherited assets or family gifts received during the marriage. Courts have also enforced alimony waivers within prenups, so that neither party may be required to pay alimony at divorce. However, the two-look test can lead a court to invalidate certain provisions. For example, an alimony waiver may be deemed unfair if it leaves one party with little or no assets while the other retains most of the wealth after the divorce.

He notes that full disclosure of all income and assets at the time the agreement is made is critical for enforceability. Massachusetts also has a somewhat unique approach: prenuptial agreements that are excessively one-sided may be vulnerable to being invalidated, in contrast to other states where even highly lopsided agreements are often enforced with minimal judicial scrutiny.