The agreement addresses property division, support, custody, and related matters. Incorporation into the decree makes terms enforceable through contempt, while merger affects modifiability.
Custody and child support terms remain subject to court review.
Alternative Names:
MSA|Separation Agreement
Why it Matters?
Incorporation versus merger determines enforcement and modifiability, since merged terms become the court's order enforceable by contempt while incorporated but unmerged terms may retain contract character and require a breach action instead. Support terms designated non-modifiable are enforceable as such for spousal support in many states, while child support remains modifiable regardless of any agreement to the contrary.
Frequently Confused with
Related terms
Frequently asked questions
What does merger accomplish?
Are non-modification clauses enforceable?
