A prenuptial agreement is designed to establish certain financial rights and responsibilities before a couple marries, including what may happen if the marriage ultimately ends in divorce. But having a signed prenuptial agreement does not necessarily mean there will be nothing left to decide when a Massachusetts divorce is filed.

A spouse may question whether the agreement is enforceable. Financial circumstances may have changed significantly since the wedding. The agreement may address some assets but not others, or the spouses may disagree about how particular provisions should be interpreted.

When a Massachusetts divorce involves a prenuptial agreement, one of the first steps is determining what the agreement covers and whether it will be enforced.

Is a Prenuptial Agreement Enforceable in Massachusetts?

Massachusetts recognizes prenuptial agreements, sometimes referred to as antenuptial agreements. Massachusetts General Laws Chapter 209, Section 25 permits individuals contemplating marriage to enter into written contracts addressing property and financial rights.

However, the existence of a signed agreement does not automatically resolve the question of enforceability.

Massachusetts courts have established a two-part analysis for evaluating prenuptial agreements. The agreement must have been fair and reasonable when it was signed, and it must also be fair and reasonable at the time of divorce.

This second examination is sometimes called the “second look.” It makes Massachusetts prenuptial agreement law particularly important to understand when divorce actually occurs.

What Does a Massachusetts Court Consider About How the Prenup Was Signed?

The circumstances surrounding the creation and signing of the agreement can become important if one spouse challenges it.

A court may examine whether each party had adequate knowledge of the other’s financial circumstances, whether the agreement was entered into voluntarily, and whether its terms were fair and reasonable when executed.

Full and fair financial disclosure is particularly important. A prospective spouse deciding whether to waive rights to property or support should have sufficient information about the assets and financial interests affected by the agreement.

The opportunity to obtain independent legal advice may also be significant. Each person having separate counsel can help demonstrate that both parties understood the agreement and the rights they were accepting or giving up.

What Is the “Second Look” at a Prenuptial Agreement?

Even an agreement that was valid when the couple married may be reviewed again when they divorce.

Massachusetts courts examine whether enforcing the agreement at the time of divorce would leave a spouse without sufficient property, maintenance, or appropriate employment to support themselves. The purpose is not simply to reconsider whether the agreement remains a good financial deal for both spouses.

Marriage can last for decades, and circumstances can change in ways that were not anticipated when the agreement was signed. A spouse’s health may deteriorate. One person may leave a career to raise children. Financial circumstances may change substantially.

The Massachusetts “second look” allows the court to consider the agreement in light of the circumstances that actually exist when the marriage ends.

Can a Spouse Challenge a Prenuptial Agreement During Divorce?

Yes. A spouse may challenge the validity or enforceability of a prenuptial agreement, although dissatisfaction with the agreement’s financial consequences is not, by itself, enough to invalidate it.

Challenges may involve allegations that there was inadequate financial disclosure, that the agreement was not entered voluntarily, that one spouse did not sufficiently understand its terms, or that other circumstances surrounding execution undermine its validity.

A spouse may also argue that circumstances at the time of divorce make enforcement impermissible under Massachusetts law.

These disputes can involve extensive examination of events that occurred years or even decades earlier. Drafts of the agreement, financial statements, correspondence, records from attorneys, and the timing of negotiations may become important evidence.

What Financial Issues Can a Prenuptial Agreement Address?

A properly drafted prenuptial agreement can address many of the financial issues that otherwise might become disputed during divorce.

For example, an agreement may identify property that will remain separate, establish how certain marital assets will be divided, address business interests, protect family wealth or inheritances, define responsibility for debts, and establish rights concerning alimony.

For individuals entering marriage with significant assets, a closely held business, real estate, family wealth, or children from an earlier relationship, these provisions can provide substantial predictability.

However, the actual language matters. A divorce attorney must determine not only whether the agreement is enforceable but also whether a particular asset or financial issue falls within its terms.

Can a Prenuptial Agreement Decide Child Custody or Child Support?

Parents cannot use a prenuptial agreement to conclusively determine future child custody, parenting time, or child support.

Decisions concerning children are ultimately governed by Massachusetts law and the child’s best interests. Circumstances existing when the parents signed an agreement before marriage cannot dictate what will necessarily be appropriate for a child years later.

Similarly, parents cannot use a prenuptial agreement to eliminate a child’s right to appropriate financial support.

A prenup can therefore provide substantial certainty concerning the spouses’ financial relationship without giving them unrestricted authority to predetermine issues involving their future children.

What If the Couple Acquired Assets That Are Not Clearly Covered by the Agreement?

This can become a significant issue in a high-asset divorce.

A couple may have signed a prenuptial agreement years earlier and subsequently acquired businesses, investment properties, retirement accounts, stock compensation, trusts, or other assets that were not specifically contemplated when the document was drafted.

Disputes can then arise over whether those assets fall within broader provisions of the agreement or should instead be addressed under Massachusetts equitable distribution law.

The treatment of appreciation can also matter. An agreement may identify an asset as separate property, but questions may arise regarding increases in its value during a long marriage.

Careful interpretation of the agreement is therefore essential before determining which financial issues have actually been resolved.

Should a Prenuptial Agreement Be Reviewed Before Divorce Negotiations Begin?

Yes. A spouse with a prenuptial agreement should generally have it reviewed by a Massachusetts family law attorney early in the divorce process.

The attorney can evaluate the circumstances under which the agreement was executed, its financial disclosures, its language, subsequent changes in the spouses’ circumstances, and how its provisions interact with the assets and liabilities that exist today.

Understanding the strength and scope of the agreement can significantly influence settlement negotiations and litigation strategy.

How Can Kelly & Murstein Help With a Divorce Involving a Prenuptial Agreement?

A prenuptial agreement can simplify some aspects of divorce, but it can also create complex legal and financial questions when spouses disagree about its validity, interpretation, or application. Those issues can become particularly important in divorces involving substantial assets, business interests, real estate, investments, retirement benefits, or significant differences in the spouses’ financial circumstances.

The Massachusetts family law attorneys at Kelly & Murstein can review a prenuptial agreement, evaluate its enforceability under Massachusetts law, determine how it may affect property division and alimony, and represent a client’s interests in negotiations or litigation. Anyone contemplating divorce with an existing prenuptial agreement should obtain legal advice before making assumptions about which provisions will—or will not—control the financial outcome.