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Choosing to merge or incorporate terms in a separation agreement involves important considerations. If merged, the terms become part of the divorce judgment, lacking independent legal significance and can be modified by the probate court with proof of a material change in circumstances. Conversely, if incorporated, the terms survive the judgment as a separate contract, enforceable in superior or probate court. Modifying incorporated terms requires demonstrating countervailing equities, such as the necessity of altering the agreement to avoid reliance on state assistance for living expenses.