Incorporated But Not Merged

Incorporated But Not Merged

Definition

When a contract is incorporated into a court order by reference but continues to survive as a separate contract. If a contract is incorporated and merged, the agreement is subsumed by, and exists only as a part of, the court order. Incorporation but not merger is typically used in divorce proceedings to allow parties to continue to enforce the separation agreement as a contract in addition to being able to enforce the terms of the agreement as part of the court’s divorce order.

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