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Protecting Your Business Through Divorce in Massachusetts

Protecting Your Business Through Divorce in Massachusetts

As many business owners here in Massachusetts know, a marriage is not guaranteed to succeed. Some may last for decades before failing, others just a few years. But no matter how long the marriage existed, its demise can have a profound effect on a business – unless the business owner took steps ahead of time to minimize the impact a divorce would have on it.

One of the best ways to minimize the impact is with a prenuptial agreement. In most cases, Massachusetts’ law upholds the terms of a prenup – so agreeing ahead of time on how things will be handled should a divorce occur can prove invaluable in protecting a business and its assets. Even in states like Massachusetts which considers a variety of factors when deciding how to split a couple’s assets, a prenup can help protect a business that would not otherwise be protected. In order to ensure that the prenup won’t fold under pressure, it needs to be drawn up under the following conditions:

  • Full financial disclosure takes place on both sides.
  • Both parties have their own attorneys.
  • Both parties have time to give the agreement serious consideration.
  • Neither party feels pressured to accept it.

If the above factors are met, chances are strong here in Massachusetts that the agreement will be able to withstand a challenge.

Prenuptial agreements aren’t the only way for a business owner to protect his/her business. A postnuptial agreement is another. Post-nuptial agreements are usually used in situations where a business was started after the marriage occurred. However, it can also be used by someone who owned a business at the time of the wedding but didn’t arrange a prenup beforehand. Here in Massachusetts, a postnup is scrutinized a bit more closely than a prenup because of the conditions under which it is made. Because of that, the owner needs to be sure that the agreement is drawn up under the following conditions:

  • Each party has his/her own attorney.
  • The agreement is above board with no fraud or coercion taking place.
  • Full financial disclosure is given with nothing being held back or hidden.
  • Each party is aware of the fact that he/she is waiving the right to a judicial determination on the issues contained in the agreement.
  • The terms of the agreement are “fair and reasonable”

If the above factors are met, chances are strong that the agreement will pass judicial scrutiny here in Massachusetts.


Top rated family law and divorce lawyer serving Essex County and Middlesex County, Massachusetts including Andover, Boxford, Georgetown, Haverhill, Lawrence, Lowell, North Reading, Tewksbury, and more.

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