Getting Married in Massachusetts: A Legal Guide
Getting married in Massachusetts requires obtaining a marriage license from a city or town clerk, which is valid for 60 days. Both parties must appear in person with valid identification, pay a fee (typically $25-$50), and observe a mandatory 3-day waiting period before the ceremony can take place.
Massachusetts was the first state to legalize same-sex marriage in 2004, and does not require residency to get married in the state. However, if either party has been previously married, proof of divorce or death certificate may be required when applying for a marriage license.
Key Considerations
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Massachusetts Marriage License Requirements
In Massachusetts, couples must obtain a marriage license from any city or town clerk in the state before getting married. Both parties must appear in person, and the license is valid for 60 days from the date of issuance. There is a mandatory 3-day waiting period between application and issuance, though this can be waived by court order in certain circumstances.
Age Requirements for Marriage in Massachusetts
Massachusetts law requires both parties to be at least 18 years old to marry without parental consent. Individuals who are 16 or 17 years old may marry with written consent from a parent or legal guardian. Marriage under age 16 requires both parental consent and judicial approval.
Massachusetts Marriage Solemnization Requirements
Marriages in Massachusetts must be solemnized by an authorized officiant, which includes justices of the peace, ordained ministers, rabbis, or certain designated public officials. The officiant must be registered with the state to legally perform marriages and must return the completed marriage certificate to the clerk's office within 10 days after the ceremony.
Name Change Options After Marriage
Massachusetts law allows either spouse to legally change their surname after marriage by using their marriage certificate. This can include taking the spouse's surname, hyphenating surnames, or creating a new combined surname. The marriage certificate serves as legal documentation for updating names on government identification, Social Security records, and other official documents.
Massachusetts Prohibited Marriage Relationships
Massachusetts law prohibits marriages between certain related individuals. Marriages between ancestors and descendants, siblings (including half-siblings), uncles/aunts and nieces/nephews are prohibited. Same-sex marriage has been legal in Massachusetts since 2004, following the landmark Goodridge v. Department of Public Health decision.
Regional Variances
Eastern Massachusetts
Boston requires couples to apply for a marriage license at Boston City Hall's Registry Department. There is a 3-day waiting period after application before you can pick up your license. The license fee is $50, and both parties must appear in person with valid identification. Boston offers special historical venues for ceremonies including Faneuil Hall and the Boston Public Library.
Cambridge requires marriage license applications through the City Clerk's office. Like Boston, there's a 3-day waiting period, but Cambridge offers online pre-application to streamline the process. The license fee is $50, and Cambridge is known for being particularly LGBTQ+ friendly with staff trained in inclusive practices.
Western Massachusetts
Springfield requires marriage license applications at the City Clerk's office. The standard 3-day waiting period applies, and the fee is $40, slightly lower than eastern Massachusetts cities. Springfield offers several historic venues for ceremonies including the Springfield Museums and Forest Park.
Northampton, known for its progressive policies, processes marriage licenses through the City Clerk's office. The fee is $40, and while the 3-day waiting period applies, Northampton is known for its LGBTQ+-friendly services and has been a popular destination for same-sex marriages since they became legal in Massachusetts in 2004.
Cape Cod and Islands
Provincetown is a popular wedding destination, especially for LGBTQ+ couples. Marriage licenses are issued by the Town Clerk with the standard 3-day waiting period and a $50 fee. Provincetown offers unique beach wedding venues and has many officiants experienced with same-sex ceremonies.
Nantucket requires couples to apply for marriage licenses at the Town Clerk's office. The island location may require additional planning for documentation. The fee is $50 with the standard 3-day waiting period. Nantucket has specific regulations regarding beach weddings and may require special permits for ceremonies in certain locations.
Suggested Compliance Checklist
Apply for a Marriage License
60-90 days before wedding days after startingBoth parties must appear in person at any city or town clerk's office in Massachusetts. You'll need to bring identification (government-issued photo ID), proof of age, and payment for the license fee (typically $40-50, varies by municipality). If previously married, bring divorce/death certificates. There is a 3-day waiting period after application before you can pick up your license, and the license is valid for 60 days after issuance.
Consider a Prenuptial Agreement
90-120 days before wedding days after startingWhile optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. For the agreement to be valid in Massachusetts, both parties should have independent legal counsel, full financial disclosure, and sign voluntarily well before the wedding date (ideally at least 30 days prior). Massachusetts follows the 'fair and reasonable' standard for prenuptial agreements.
Update or Create a Will
30-60 days after wedding days after startingMarriage automatically changes certain inheritance rights in Massachusetts. Update your will to reflect your new marital status and wishes regarding your spouse. Without a will, Massachusetts intestacy laws will determine asset distribution, with your spouse receiving a significant portion depending on whether you have children or living parents.
Create Healthcare Power of Attorney
30-60 days after wedding days after startingThis document designates someone (typically your spouse) to make medical decisions if you're incapacitated. In Massachusetts, this document must be signed in the presence of two witnesses who aren't the appointed agent. Consider including specific instructions about life-sustaining treatment preferences.
Establish Durable Power of Attorney
30-60 days after wedding days after startingThis authorizes someone (typically your spouse) to handle financial and legal matters if you become incapacitated. In Massachusetts, this document must be signed before a notary public. You can specify whether it takes effect immediately or only upon incapacity ('springing' power of attorney).
Update Beneficiary Designations
30-60 days after wedding days after startingMarriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, etc. Review and update all beneficiary designations to include your spouse if desired. In Massachusetts, retirement accounts governed by ERISA require spousal consent to name someone other than your spouse as beneficiary.
Apply for Name Change (if applicable)
30-90 days after wedding days after startingIf either spouse wishes to change their name, you can indicate this on your marriage license application. For other official documents (driver's license, Social Security card, passport), you'll need to file separate applications with certified copies of your marriage certificate. Massachusetts allows either spouse to take the other's surname or hyphenate names.
Update Health Insurance Coverage
30 days after wedding days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Massachusetts, you typically have 30 days from your wedding date to make these changes. Check with your employer's HR department or insurance provider for specific requirements and documentation needed.
Consider Joint Banking Accounts
60-90 days after wedding days after startingWhile not legally required, many couples establish joint bank accounts after marriage. In Massachusetts, joint accounts provide right of survivorship, meaning the surviving spouse automatically inherits the account without probate. Consider whether you want joint accounts, separate accounts, or a combination based on your financial situation and preferences.
Research Tax Filing Options
90-120 days after wedding days after startingMarriage affects your tax filing status. Research whether filing jointly or separately is more advantageous based on your specific financial situation. Massachusetts recognizes same-sex and different-sex marriages equally for state tax purposes. Consult with a tax professional to understand potential marriage penalties or bonuses based on your income levels.
Update Address and Emergency Contact Information
30-60 days after wedding days after startingIf moving in together, update your address with USPS, DMV, voter registration, financial institutions, and employers. Also update emergency contact information with employers, doctors, and other relevant entities to include your spouse.
Review Property Ownership Options
90-120 days after wedding days after startingIf you own or plan to purchase property together, research different ownership options in Massachusetts. Tenancy by the entirety is available only to married couples and provides certain protections against creditors. This decision affects inheritance rights and liability protection.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Apply for a Marriage License | Both parties must appear in person at any city or town clerk's office in Massachusetts. You'll need to bring identification (government-issued photo ID), proof of age, and payment for the license fee (typically $40-50, varies by municipality). If previously married, bring divorce/death certificates. There is a 3-day waiting period after application before you can pick up your license, and the license is valid for 60 days after issuance. | Marriage License Application | 60-90 days before wedding |
| Consider a Prenuptial Agreement | While optional, a prenuptial agreement can protect pre-marital assets and establish financial arrangements in case of divorce. For the agreement to be valid in Massachusetts, both parties should have independent legal counsel, full financial disclosure, and sign voluntarily well before the wedding date (ideally at least 30 days prior). Massachusetts follows the 'fair and reasonable' standard for prenuptial agreements. | Prenuptial Agreement | 90-120 days before wedding |
| Update or Create a Will | Marriage automatically changes certain inheritance rights in Massachusetts. Update your will to reflect your new marital status and wishes regarding your spouse. Without a will, Massachusetts intestacy laws will determine asset distribution, with your spouse receiving a significant portion depending on whether you have children or living parents. | Updated Will | 30-60 days after wedding |
| Create Healthcare Power of Attorney | This document designates someone (typically your spouse) to make medical decisions if you're incapacitated. In Massachusetts, this document must be signed in the presence of two witnesses who aren't the appointed agent. Consider including specific instructions about life-sustaining treatment preferences. | Healthcare Power of Attorney | 30-60 days after wedding |
| Establish Durable Power of Attorney | This authorizes someone (typically your spouse) to handle financial and legal matters if you become incapacitated. In Massachusetts, this document must be signed before a notary public. You can specify whether it takes effect immediately or only upon incapacity ('springing' power of attorney). | Durable Power of Attorney | 30-60 days after wedding |
| Update Beneficiary Designations | Marriage doesn't automatically change beneficiaries on retirement accounts, life insurance policies, etc. Review and update all beneficiary designations to include your spouse if desired. In Massachusetts, retirement accounts governed by ERISA require spousal consent to name someone other than your spouse as beneficiary. | Beneficiary Designation Forms | 30-60 days after wedding |
| Apply for Name Change (if applicable) | If either spouse wishes to change their name, you can indicate this on your marriage license application. For other official documents (driver's license, Social Security card, passport), you'll need to file separate applications with certified copies of your marriage certificate. Massachusetts allows either spouse to take the other's surname or hyphenate names. | Name Change Application | 30-90 days after wedding |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Massachusetts, you typically have 30 days from your wedding date to make these changes. Check with your employer's HR department or insurance provider for specific requirements and documentation needed. | Health Insurance Coverage Change Form | 30 days after wedding |
| Consider Joint Banking Accounts | While not legally required, many couples establish joint bank accounts after marriage. In Massachusetts, joint accounts provide right of survivorship, meaning the surviving spouse automatically inherits the account without probate. Consider whether you want joint accounts, separate accounts, or a combination based on your financial situation and preferences. | Joint Bank Account Application | 60-90 days after wedding |
| Research Tax Filing Options | Marriage affects your tax filing status. Research whether filing jointly or separately is more advantageous based on your specific financial situation. Massachusetts recognizes same-sex and different-sex marriages equally for state tax purposes. Consult with a tax professional to understand potential marriage penalties or bonuses based on your income levels. | - | 90-120 days after wedding |
| Update Address and Emergency Contact Information | If moving in together, update your address with USPS, DMV, voter registration, financial institutions, and employers. Also update emergency contact information with employers, doctors, and other relevant entities to include your spouse. | - | 30-60 days after wedding |
| Review Property Ownership Options | If you own or plan to purchase property together, research different ownership options in Massachusetts. Tenancy by the entirety is available only to married couples and provides certain protections against creditors. This decision affects inheritance rights and liability protection. | - | 90-120 days after wedding |
Frequently Asked Questions
In Massachusetts, you need to obtain a marriage license from any city or town clerk's office. Both parties must appear in person. You'll need valid identification (driver's license, passport, etc.), proof of age, and if applicable, documentation of divorce or death certificate from previous marriages. There is a 3-day waiting period after obtaining the license before you can marry, and the license is valid for 60 days. No blood tests are required. The minimum age to marry is 18, though minors can marry with parental consent and court approval.
You should apply for your Massachusetts marriage license at least 3-4 weeks before your wedding date. This allows time for the mandatory 3-day waiting period and provides a buffer in case of any complications. Remember that the license is only valid for 60 days after issuance, so don't apply too early. If you're planning a destination wedding in Massachusetts but live elsewhere, make sure to arrive with enough time to complete the application process before your ceremony.
Yes, Massachusetts law requires that you have at least one witness present at your wedding ceremony. However, most officiants recommend having two witnesses sign your marriage license. These witnesses must be adults (18 or older) but don't need to be Massachusetts residents. They'll need to sign the marriage certificate after the ceremony, along with you and your officiant.
In Massachusetts, the following individuals can legally officiate weddings: justices of the peace, ordained ministers, clergy members in good standing, and certain public officials including judges. Massachusetts also allows one-day marriage designations where a friend or family member can apply to be authorized to perform a single ceremony. This requires an application to the Governor's Council and payment of a fee at least 6 weeks before the wedding date.
Massachusetts is not a community property state but follows equitable distribution laws. This means that property acquired during marriage isn't automatically considered jointly owned 50/50. However, in case of divorce, courts will divide marital assets equitably (fairly but not necessarily equally). Assets owned before marriage typically remain separate property, but can sometimes be considered in divorce settlements. If you have significant assets or specific concerns, consider a prenuptial agreement to clearly define property rights.
Name changes after marriage are optional in Massachusetts, not mandatory. If you choose to change your name, you can use your marriage certificate as legal proof for updating your Social Security card, driver's license, passport, and other documents. Either spouse can take the other's last name, hyphenate names, or create a new combined surname. If you want a name change that doesn't follow these traditional patterns, you may need to file a formal name change petition with the court.
Yes, prenuptial agreements are legally binding in Massachusetts if properly executed. For a valid prenup, both parties must provide full financial disclosure, have independent legal representation (or waive this right in writing), sign voluntarily without coercion, and finalize the agreement well before the wedding (last-minute agreements may be challenged). Massachusetts courts can invalidate provisions that are unconscionable or that attempt to predetermine child custody or support. Prenups can address property division, alimony, inheritance rights, and other financial matters.
Getting married affects both your federal and Massachusetts state tax situations. You'll need to file as either 'married filing jointly' or 'married filing separately' for both federal and state returns. Massachusetts has a flat income tax rate (currently 5%), but marriage may affect your tax brackets at the federal level, potentially resulting in a 'marriage penalty' or 'marriage bonus' depending on your incomes. Marriage also impacts estate planning, as spouses can inherit assets tax-free and receive certain exemptions. Consider consulting with a tax professional to understand your specific situation.
Yes, same-sex marriage has been legal in Massachusetts since May 17, 2004, making it the first U.S. state to legalize same-sex marriage. Same-sex couples have exactly the same marriage rights and responsibilities as opposite-sex couples under Massachusetts law. All marriage procedures, benefits, and legal protections apply equally regardless of gender. This includes rights related to property, inheritance, healthcare decisions, and parental rights.
If you marry in Massachusetts but live in another state, your marriage is legally valid in all 50 states due to the Full Faith and Credit Clause of the U.S. Constitution and the Supreme Court's ruling in Obergefell v. Hodges. However, specific marital rights regarding property, taxes, and other matters will generally be governed by the laws of the state where you reside. If you later divorce, you'll typically file in your state of residence, not Massachusetts (unless you've moved back). If you're planning to move soon after marriage, it's wise to research the marriage laws in your destination state.