Massachusetts Post-Nuptial Agreements

By Tracy Fischer

The Supreme Judicial Court of Massachusetts found that post-nuptial agreements entered into under specific conditions would be enforceable. Post-nuptial agreements are made by couples contemplating divorce but still trying to work on their marriage and not yet ready to commit to divorce. They are able, through this type of agreement, to decide how their assets will be divided, make financial arrangements for support, and how their children will be cared for in the event of a divorce in the future. This agreement would then allow couples to feel secure in whatever the outcome of a divorce would be and allowing the couple the opportunity to put their emotional efforts into strengthening their marriage.

Post-nuptial agreements have been fairly uncommon in Massachusetts because the law has been unsettled as to whether or not the agreement would be enforceable at the time of divorce. Now that the Supreme Judicial Court has found that post-nuptial agreements are enforceable, mediation becomes an appropriate and effective process for couples to work out the terms of their post-nuptial agreement.