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choosing whether to merge or incorporate terms in a separation agreement is tricky if the terms are merged in it it means that they become part of the judgment of divorce the agreement has no legal significance other than the divorce decree it can be modified by the probate court if you can show a material change in circumstances if the terms of your divorce are merged but not incorporated they are said they are said to have survived the final judgment that means it stands as a separate contract it can be enforced in the superior court or the probate court however in order to modify it more than a material change in circumstances must be shown you must show that there are countervailing equities involved for example you must show that if the agreement is not changed you will have to rely on state assistance to live
