What provisions should you include in a prenup?

On Behalf of | Jun 27, 2024 | Family Law

If you’re planning to get married in Massachusetts, you might consider a prenuptial agreement. Often referred to as a “prenup,” this legal document sets out the terms for managing financial matters during and potentially after marriage.

A prenup includes several key elements to ensure both partners are on the same page. Crafting a thorough prenup can save you stress and confusion in the future. 

Asset division

Specify how you and your partner will divide assets if you separate or divorce. You can define what remains separate property and what counts as marital property. This part of the prenuptial agreement can include homes acquired before marriage or inheritances received during the marriage.

Debt responsibility

Clarify who will be responsible for any debts. Decide whether debts incurred individually will remain so or if you will share them. This detail helps prevent surprises about financial responsibilities.


While not always included, you can address potential alimony arrangements. Decide under what conditions one might pay alimony and how much it would be. Setting these terms in advance can ease negotiations later.

Financial duties during marriage

Outline how you will handle everyday financial tasks. Will you have joint accounts? Who pays for what expenses? Discussing these details beforehand can foster cooperation and understanding.

Inheritance and family property 

If either of you expects to inherit family property or manage family businesses, mention this in your prenup. It ensures that these assets can remain within the family as intended.

By setting clear expectations and rules, you reduce the risk of conflicts. Always approach this process with mutual respect and openness. With careful planning, your prenup in Massachusetts can provide peace of mind as you start your new life together.