A Massachusetts divorce settlement agreement is a written document in which spouses record how they will handle custody, child support, spousal support, and their property when the marriage ends. Under Massachusetts divorce laws, spouses can start a divorce for an irretrievable breakdown of the marriage with a joint petition, a sworn affidavit, and a notarized separation agreement.[1] Fill out the free template below online, or download the PDF.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Massachusetts law. If you notice an error or outdated information, please contact us.
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Spouses decide what goes into their own Massachusetts divorce settlement agreement. The FormsPal template, titled Massachusetts Marital Separation Agreement, runs eight pages and helps spouses cover each topic in order. It has 18 numbered sections, a signature page for both spouses, and a notary acknowledgment page.
Every section of the template is a blank to fill in, so complete each one that applies to your marriage. You can fill in the downloaded PDF with our online PDF editor. Many couples have a lawyer read the finished agreement before they sign. If you cannot agree on the terms, some couples ask a mediator to help.
Signing the agreement is not the last step. The court reviews it. The court then makes a finding on whether the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable.[1]
Massachusetts divorce laws recognize the settlement agreement that spouses write themselves. Section 1A of chapter 208 lets spouses start a divorce for an irretrievable breakdown of the marriage with a joint petition, a sworn affidavit, and a notarized separation agreement.[1] Section 34 of the same chapter lists what the court considers when it divides property.[2]
Section 1 of chapter 208 lists the grounds for divorce: adultery, impotency, utter desertion continued for one year before the complaint is filed, gross and confirmed habits of intoxication from the voluntary and excessive use of alcohol or drugs, cruel and abusive treatment, a spouse's gross or wanton and cruel refusal or neglect to provide suitable support when able to, or an irretrievable breakdown of the marriage under sections 1A and 1B.[3]
Under section 1B, the hearing takes place no earlier than six months after the complaint is filed. The court may then enter a judgment of divorce nisi if it finds that a continuing irretrievable breakdown of the marriage has existed from the filing of the complaint up to the hearing.[4]
Section 28 of chapter 208 covers the children. Upon a judgment for divorce, the court may decide with which parent the children will remain, or may award custody to a third person, if it seems expedient or for the benefit of the children. In setting child support or approving the spouses' agreement on it, the court applies the child support guidelines promulgated by the chief justice of the trial court.[5]
Section 1A says an action for divorce on the ground of an irretrievable breakdown of the marriage may be started with the filing of three papers:[1]
If the agreement is not filed when the action starts, it must in any event be filed with the court within ninety days following the commencement of the action.[1] You can count those 90 days with our deadline calculator.
Under Section 6 of chapter 208, a divorce is filed, heard, and decided in the Probate and Family Court for the county where one of the spouses lives. If either spouse still lives in the county where the spouses last lived together, the case is heard and decided in a court for that county.[6]
The court holds a hearing on the separation agreement and then makes a finding. Section 1A states the review standard this way:
After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable.
In plain words, the court checks two things. First, whether an irretrievable breakdown of the marriage exists. Second, whether the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable.[1]
In making its finding, the court applies the provisions of section thirty-four. The one exception is fault. The court makes no inquiry into, nor considers any evidence of, the individual marital fault of the parties.[1]
Section 34 covers how the court fixes the nature and value of the property to assign. The court hears the witnesses, if any, of each spouse. It then considers:[2]
Because the court applies section 34 when it reviews your agreement, many couples draft their property terms with these factors in mind.
Many people search for a Massachusetts separation agreement. The statute uses that name for the notarized agreement that spouses file in their divorce.[1] The FormsPal template is built for spouses who are ending the marriage. Under section 1.3 of the template, it takes effect when both spouses sign, but only if the marriage is actually dissolved.
Popular Local Marital Settlement Agreement Forms
It’s advisable to specify the terms of a divorce before the court hearing by using a divorce settlement agreement that deals with a number of issues. Below are some of the most commonly searched templates for marital settlement by state.
Signing the agreement is one step in a Massachusetts divorce case. The court holds a hearing, reviews the agreement, and later enters a judgment. This list follows the order the statute sets out. It describes the law, not local court practice, so ask the court clerk or an attorney about the steps and timing in your county.
Massachusetts divorce settlement agreements raise a few questions again and again. The answers below come from the two Massachusetts statute sections cited at the end of this page. They describe what the law says, not what one court may do.
A separation agreement is the third paper the statute asks for when spouses start a divorce on the ground of an irretrievable breakdown of the marriage. The statute calls it a notarized separation agreement executed by the parties.[1] The other two papers are a petition signed by both joint petitioners or their attorneys and a sworn affidavit that the breakdown exists.
Yes. Following approval of the agreement by the court but before the entry of judgment nisi, the agreement may be modified at any time in two ways:
The agreement, as modified, continues as the order of the court.[1]
If the court does not approve the agreement as executed, or as modified by the parties, it becomes null and void and of no further effect between the parties. The action is treated as dismissed, but without prejudice.[1]
Yes. Before the entry of judgment under Section 1A, the petition may be withdrawn by mutual agreement of the parties.[1]
Other Marital Settlement Agreement Forms by State
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the Mass. Gen. Laws ch. 208,.
