What is a Non-Merger Clause? FairWell, The Path to a Better Divorce

What is a Non-Merger Clause?

A non-merger clause is a provision that can be added to the divorce decree that will preserve any previously-ordered obligations. Without the non-merger clause, any previous court-ordered obligations that are not included in the terms of the divorce decree will be eliminated.

Example: Imagine one person was ordered to pay $1,000 per month in child support until the divorce is finalized. If the divorce decree includes the non-merger clause, any of that monthly $1,000 that was left unpaid is still owed. Without the non-merger clause or another provision in the divorce decree that specifically states the previous obligation is still owed, the obligation to pay in full will be eliminated.

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