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 should 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 or a significant change in income.
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. [Continue reading]