Separation agreements often include a merger or survival clause. This legalese has significant meaning. A merged agreement becomes one with the divorce. In other words, a merged agreement no longer stands as a separate contract; it is part of the divorce. Since a merged agreement no longer stands alone, one cannot pursue contract remedies to enforce it. Instead, one must file a motion for contempt of the divorce order. A surviving agreement, on the other hand, continues to stand as an independent contract. Thus, to enforce a surviving agreement, one may employ ordinary contract remedies, such as breach of contract. Unlike merged agreement, surviving agreements cannot be modified by the ordinary standard of a “material change of circumstances.” A higher standard applies for changing surviving agreements.