Massachusetts Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Massachusetts, whose Alimony Reform Act ties how long alimony lasts to the length of the marriage, a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, that alimony, and by reference custody and child support so the terms can be approved by the court and incorporated into the judgment that ends the marriage.

2. 2

   Massachusetts is an equitable distribution state, not a community property state. On divorce the court may assign to either spouse all or any part of the estate of the other and divides the marital estate in a way that is fair after weighing the factors in M.G.L. c. 208, s. 34; fair does not always mean an equal 50/50 split.

3. 3

   Because division is equitable rather than automatic, a Massachusetts marital settlement agreement lets the spouses decide who keeps the home, the accounts, the retirement funds, and the debts, instead of leaving that division to a judge applying the s. 34 factors.

4. 4

   Alimony is governed by the Alimony Reform Act of 2011 (M.G.L. c. 208, ss. 48-55). General term alimony has durational limits keyed to the length of the marriage: for a marriage of 5 years or less it runs no longer than one-half the number of months of the marriage, rising to 60, 70, and 80 percent for longer marriages, and it may be indefinite for marriages over 20 years (s. 49).

5. 5

   On amount, the Alimony Reform Act provides that alimony should generally not exceed the recipient's need or 30 to 35 per cent of the difference between the parties' gross incomes (M.G.L. c. 208, s. 53(b)); the court sets the amount and duration by weighing the s. 53(a) factors.

6. 6

   Child support follows the Massachusetts Child Support Guidelines promulgated by the chief justice of the trial court, with a rebuttable presumption that the guidelines amount is correct (M.G.L. c. 208, s. 28); custody and child support stay court-approved and modifiable and cannot be bargained away.

7. 7

   In a no-fault (1A) divorce the separation agreement must be in writing, signed, and notarized (M.G.L. c. 208, s. 1A). The court reviews it, and if it makes proper provisions a judgment of divorce nisi is entered about thirty days after approval and becomes absolute ninety days after entry (M.G.L. c. 208, s. 21).

Massachusetts Requirements for Marital Settlement Agreement

• Equitable Distribution, Not Community Property

  Massachusetts is an equitable distribution state. On divorce the court may assign to either spouse all or any part of the estate of the other and divides the marital estate in a way that is fair after weighing the factors in M.G.L. c. 208, s. 34. Fair does not always mean an equal 50/50 split.

• Spouses May Agree on the Division

  Because Massachusetts division is equitable rather than automatic, a marital settlement agreement lets the spouses decide who keeps the home, the accounts, the retirement funds, and the debts instead of leaving that to a judge applying the M.G.L. c. 208, s. 34 factors.

• Alimony Duration Under the Reform Act

  The Alimony Reform Act of 2011 (M.G.L. c. 208, ss. 48-55) ties general term alimony to the length of the marriage. For a marriage of 5 years or less it runs no longer than one-half the number of months of the marriage, rising to 60, 70, and 80 percent for longer marriages, and it may be indefinite for marriages over 20 years (s. 49).

• Alimony Amount Guidance

  The Alimony Reform Act provides that the amount of alimony should generally not exceed the recipient need or 30 to 35 per cent of the difference between the parties gross incomes (M.G.L. c. 208, s. 53(b)). The court sets the amount and duration by weighing the s. 53(a) factors.

• Child Support Follows the Guidelines

  Child support follows the Massachusetts Child Support Guidelines promulgated by the chief justice of the trial court, with a rebuttable presumption that the guidelines amount is correct (M.G.L. c. 208, s. 28). Custody and child support stay subject to court approval, remain modifiable, and cannot be bargained away.

• Notarized Separation Agreement

  For a no-fault (1A) divorce, Massachusetts requires a notarized separation agreement executed by the parties (M.G.L. c. 208, s. 1A). The agreement must be in writing, signed by both spouses, and notarized before it is filed with the court.

• Court Review and Judgment Nisi

  The court reviews the agreement to confirm it makes proper provisions for custody, support, alimony, and the marital property. Thirty days after initial approval a judgment of divorce nisi is entered that incorporates the agreed terms (M.G.L. c. 208, s. 1A).

• Ninety-Day Nisi Period

  A judgment of divorce enters as a judgment nisi and becomes absolute after ninety days from entry, unless the court for sufficient cause orders otherwise (M.G.L. c. 208, s. 21). Settling early with an agreement cannot shorten this statutory waiting period.