Prenups in MA: What to Include and Exclude

Prenuptial agreements, often shrouded in mystery and misconceptions, are gaining popularity among modern couples—especially in Massachusetts. At Long Hagan Huff-Harris, our Boston-based family law attorneys understand that discussing a prenup may feel uncomfortable, but it’s a smart and proactive legal tool that can protect both parties’ interests. Understanding what these legal agreements can include—and what they cannot—is essential to crafting a mutually beneficial and enforceable prenuptial agreement.

What Can Be Included in a Prenup

Property Distribution
A well-drafted prenuptial agreement can define how property—both premarital and marital—will be divided in the event of divorce. This can help avoid prolonged legal disputes and promote clarity. Boston couples often use prenups to address real estate, investments, and personal property.

Financial Management
Couples can establish clear financial expectations for the marriage. This might include how joint bank accounts will be used, who pays which bills, and how credit card debt or other liabilities will be handled. The Boston prenuptial agreement attorneys at Long Hagan Huff-Harris regularly help couples create agreements that minimize financial misunderstandings.

Dispute Resolution
Prenups can include terms that require mediation or arbitration before either party initiates court proceedings, saving both time and money.

Retirement Benefits and Life Insurance. These agreements can outline how retirement assets, pensions, and life insurance proceeds will be handled, especially in blended families or second marriages.

Specific Agreements
Couples may also address future financial responsibilities, such as education costs for children or the treatment of independent business interests. Our Boston family law lawyers frequently assist entrepreneurs and professionals in protecting their business assets through prenups.

What Cannot Be Included in a Prenup

Child Custody
Courts in Massachusetts will always prioritize the child’s best interest. Custody and parenting plans must be decided at the time of separation or divorce—not in a prenup.

Alimony Waivers
In some situations, alimony waivers may not be enforceable if they are deemed unfair or leave one spouse in financial hardship. It's critical to work with experienced Massachusetts prenuptial agreement lawyers to understand the limits of enforceability.

Divorce Incentives
Prenups cannot include clauses that encourage or financially reward a party for seeking divorce, as they violate public policy.

Illegal Provisions
Any agreement to engage in illegal conduct is automatically void and unenforceable. Your prenup must align with Massachusetts family law to be legally binding.

Dispelling the Myth: Prenups Are Not Just for the Wealthy

One of the most common misconceptions is that prenuptial agreements signal a lack of trust or predict divorce. In truth, they are much like estate planning or financial planning—designed to provide clarity and peace of mind. At Long Hagan Huff-Harris, we believe that prenups can strengthen relationships by ensuring transparency and mutual understanding.

Speak to a Boston Prenup Attorney Today

Whether you’re planning a first marriage or bringing significant assets into a second marriage, the experienced family law attorneys at Long Hagan Huff-Harris are here to help. We provide tailored legal advice to clients across the Boston area and throughout Massachusetts.

Let’s work together to create a prenuptial agreement that reflects your values, protects your interests, and gives you peace of mind. Contact Long Hagan Huff-Harris today to schedule a consultation.