The spousal elective share is a means by which surviving spouses can take a statutorily-determined share in lieu of whatever disposition they receive through their decedent-spouse’s will or to avoid disinheritance altogether.¹ The elective share was created in an effort to support spouses who were not provided for at the death of their partner and to avoid resulting financial instability; this concept was meant to directly target women as they were expected to live longer than their husbands and make less money in their lifetimes.² This underlying purpose perpetuates a stereotype of women that is no longer accurate—that women are meant to remain in the home while their male counterparts are expected to work and make money.³ Marriage in the United States in 2022 is no longer as bifurcated when it comes to the fiscal expectations of men and women and, therefore, the purpose of the elective share is obsolete in most instances.⁴ This Note will discuss the need for Massachusetts to eliminate the spousal elective share by looking to its original underlying principles, which are now antiquated in the wake of modern movements.⁵ It will further articulate a proposed solution that focuses on the value of the freedom of disposition in conjunction with the need for modern society to break away from a generalized divide between the roles of men and women.⁶ Part I will detail the history of the elective share and its modern treatment across different states; Part II will showcase the importance of re-evaluating the efficacy of the elective share statute in Massachusetts; and Part III will argue that Massachusetts should fully abolish the elective share option and discuss the viability of this proposition. In sum, this Note will highlight the need for legal policy to continue shifting and changing in the context of the disposition of property upon death to accommodate the modernization of society and its perspective on classifications of individuals.⁷