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Choosing whether to merge or incorporate terms in a separation agreement is a complex decision. If terms are merged, they become part of the divorce decree, losing independent legal significance and can be modified by the probate court with a material change in circumstances. In contrast, if terms are incorporated but not merged, they survive as a separate contract, enforceable in superior or probate court. Modifying these terms requires demonstrating more than a material change; you must show countervailing equities, such as the necessity of state assistance for living if the agreement remains unchanged.