Free Case Evaluation

800 Turnpike Street
North Andover , MA 01845

What Can Be Modified in a Divorce Agreement

What Can Be Modified in a Divorce Agreement

Having the provisions of a divorce agreement modified under Massachusetts law is possible, based on how the separation agreement was written and the circumstances bringing about the request for a modification. Before bringing your modification request to the court, you need to consult with an experienced divorce attorney.

The first thing to realize is that there must be a material change in circumstances to request a modification, such as an employment change, a significant change of residence, or change in income. These changes can affect custody agreements and spousal and child support.

When drafting a separation agreement, there are two types of provisions addressed in the agreement: surviving and merging. Merging provisions are open to modification. Merging provisions are generally child specific issues like custody arrangements, support, and health insurance. Sometimes alimony can be a merging provision. Surviving provisions are generally not open to modification. An example of surviving provision is the division of property.

It is important to speak with an experienced family law attorney about the possibility of modifying an agreement or judgment before you spend time in court. A family law attorney can help you through the maze that you will encounter and help you with making the best decisions, based on what the law says in your particular situation. The attorney can also give you an idea of the likelihood of success.

Once you file a complaint for modification of the agreement, you should realize that it is just the first step and that there may be several other things to consider. The court may require documentation and financial records to support the request and may even issue temporary orders until the matter is resolved. Again, the family law attorney is the person to rely on to help you through this process.

If you have questions or may be considering a modification to your divorce agreement, please contact our North Andover law office to discuss your matter with an experienced family law attorney.

Share on facebook
Share on twitter
Share on linkedin
Share on pocket
Share on email

Top rated family law and divorce lawyer serving Essex County and Middlesex County, Massachusetts including Andover, Boxford, Georgetown, Haverhill, Lawrence, Lowell, North Reading, Tewksbury, and more.

Related Posts

Do I have custody rights as a non-biological parent?

A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto

Read This

Dividing Qualified Retirement Plans in the Aftermath of Divorce

Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a

Read This

We help families move forward in their lives with less stress, less expense, and more control.

Call us to schedule a Free Case Evaluation.