Merger and survival — the question that decides your options
When a divorce is finalized, the settlement agreement either merges into the judgment or survives it as an independent contract.
If it merged, the agreement’s terms become terms of the judgment. They are enforceable as a court order — including through contempt — and generally modifiable on the usual standards.
If it survived, the agreement remains a contract alongside the judgment. It can be enforced as a contract, and its own terms may limit modification.
Most agreements state which applies. It is a clause people sign without reading and it governs what you can do years later. Find your agreement and read that provision before assuming anything about your options.
A surviving agreement retains contractual force. Maintenance modification may require extreme hardship where an agreement remains in force, while child support has separate statutory grounds. The judgment, agreement, and type of relief must be reviewed together.
What your agreement may have already decided
Marital agreements frequently contain terms that constrain later applications:
- Maintenance non-modification. Parties can agree that maintenance is not modifiable. Where they have, a later change in circumstances may not help.
- Opt-out provisions affecting the standard grounds for support modification.
- Relocation clauses setting out what happens if a parent moves.
- Dispute resolution clauses requiring mediation or arbitration before court.
Child support is different. Support belongs to the child, and parties cannot bind a court by agreeing to waive or limit it — the same principle that applies to prenuptial agreements.
Which court?
Post-judgment applications can often be brought in Supreme Court, which issued the judgment, or in Family Court, which has jurisdiction over custody and support. Which is appropriate depends on the relief sought and what your judgment says.
Family Court’s authority to enforce or modify post-divorce support is governed by Family Court Act §§461 and 466 and the divorce judgment. Supreme Court retains authority over its judgment. Confirm jurisdiction for the specific application rather than assuming a local referral practice.
Family Court can handle qualifying custody and support applications. Property-distribution enforcement and applications directed at the divorce judgment generally require Supreme Court review.
Property division is different
Custody and support are modifiable because circumstances change. Equitable distribution generally is not. Once property is divided, it is divided — a later change in the value of an asset is not a basis to reopen it.
What can arise post-judgment is enforcement of a property provision that was never carried out: a transfer never made, a house never sold, or a QDRO never entered. That last one is common enough to be worth checking rather than assuming.
Frequently asked questions
Can I change my divorce judgment?
Custody and support terms can be modified on a substantial change in circumstances. Property division generally cannot be reopened. Your settlement agreement may also limit what is modifiable.
What does it mean if my agreement merged into the judgment?
Its terms became terms of the court’s order, enforceable as a judgment. If it survived instead, it remains a separate contract with its own enforcement route and its own limits.
Can I modify spousal maintenance after the divorce?
Sometimes. The agreement, judgment and applicable law control. A substantial change may support modification of court-ordered maintenance, but an agreement that remains in force can require a showing of extreme hardship.
Which court do I file in?
It depends on the requested relief, jurisdictional statutes and judgment. Family Court may enforce or modify qualifying custody and support orders; Supreme Court retains authority over its divorce judgment, including property provisions.
My ex never transferred the property the judgment ordered. What can I do?
Property provisions are enforceable even though they are not modifiable. An enforcement application is the route.
Related: Custody & Support Modifications · Enforcement / Violation Petitions · Retirement Division & QDROs · back to Divorce
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026