Can I Modify My Divorce Agreement After It’s Finalized?

Posted July 24th, 2025.

Categories: Blog.

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One of the final steps of the divorce process is the settlement agreement, which helps provide clarity for each spouse regarding what they are entitled to and responsible for once the relationship is officially over. While the divorce agreement is legally binding, life is unpredictable and circumstances can change significantly in the months and years after the divorce. When these changes occur, you may find yourself wondering if it is possible to modify the divorce agreement even after it’s finalized. To learn more and secure skilled representation during your case, continue reading and contact family lawyer Mark S. Guralnick today.

Can I Modify My Divorce Agreement After It’s Finalized?

Yes, depending on the details of your circumstances, it is possible to modify your divorce agreement after it has been finalized. However, not every aspect of the settlement agreement will be eligible for an adjustment. For example, courts are hesitant to issue modifications for things like property division or debt allocation. These decisions are made based on each spouse’s financial situation and marital contributions at the time of the divorce. The only way a court may approve a change is if evidence of fraud or a major mistake arises.

The most common areas that can be modified post-divorce are child custody and visitation, child support, and spousal support (alimony). Parents can request a change of the custody schedule or parenting rights if needed, and either spouse can request an increase or decrease of alimony.

When Will a Court Approve a Modification?

It is important to understand that courts do not take modification requests lightly, and they will not approve a change on a whim. The easiest way to modify your divorce agreement will be if both you and your spouse agree on the changes. If you both discuss the situation and decide that there is a need for modification, you can petition the court with your request, which will generally be approved, given that it is fair and/or remains in the best interest of your child.

However, if only one of you wants a modification, you must be able to prove that there has been a substantial change in circumstances that warrants an adjustment of the terms. A substantial change could include a variety of situations, including the following.

  • A significant change in the income of either spouse
  • The development of a serious illness or disability
  • One parent relocating to a new area that affects the custody arrangement
  • The child’s educational, emotional, or physical needs have changed drastically
  • One spouse has moved in with or married a new partner

The change must be significant enough to make the original agreement unreasonable or no longer relevant. Temporary modifications may also be granted if the situation calls for it, to allow a short-term change until unusual circumstances return to normal.

It is important to fully understand your legal rights and options regarding your divorce agreement. Work with a skilled family lawyer for representation in your case.

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