Massachusetts Family Law Attorney · Family Law
You’ve signed your separation agreement, the judge has approved it, and life moves on. Then a job changes, a child’s needs change, or an ex-spouse remarries. Can the agreement change too?
In Massachusetts, the answer often turns on a few words most people skim past: whether each part of the agreement merges into the divorce judgment or survives it.
Merger vs. survival
When a provision merges, it becomes part of the court’s judgment. The court can later modify it if there’s been a material change in circumstances.
When a provision survives as an independent contract, it is far harder to change. A court will generally enforce it as written, and modification takes something more than a change in circumstances. Massachusetts courts call this “countervailing equities.”
Most agreements mix the two. Property division commonly survives, so both sides get finality. Other terms may merge so they can adjust over time.
What can almost always be changed
- Child support. A court can always revisit support for the children, whatever the agreement says. It’s measured against the current Massachusetts Child Support Guidelines.
- Custody and parenting time. Changes are judged by the child’s best interests.
What usually can’t
- Division of property and debts. Once the house, retirement accounts and debts have been divided, that division is typically final.
- Alimony that survives. If the parties agreed that alimony survives, changing it later is difficult. That includes an agreed waiver of alimony.
Alimony has its own rules
Under the Alimony Reform Act, general term alimony is limited by the length of the marriage, and it generally ends when the payor reaches full retirement age. For marriages over 20 years, a judge may order it indefinitely. A recipient’s cohabitation can also be grounds to suspend or reduce it. Whether those rules can be used later depends on how the agreement was written.
Get the drafting right the first time
The time to think about future changes is before you sign. Our walkthrough of the parts of a Massachusetts separation agreement explains each section: alimony, child support, insurance, assets and liabilities. For each one, ask your attorney: Is this merging or surviving, and do I want it to?
If you’re negotiating an agreement now, or want to know whether an existing one can be modified, contact our office for a consultation.
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About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who advises clients on divorce, separation agreements and family law. His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
