Q I just received my judgment of divorce nisi in the mail from the court. It does not seem to match what our agreement said. I remember specifically asking our mediator several times about merger and survival clauses. We agreed that child-related provisions merge, and I understand the law requires that. We also agreed that I will pay a set amount of alimony per year until my ex is 70 regardless of what happens on my end. However, we wanted it modifiable if she gets remarried because then I should have the right to stop paying. As I read the judgment, it says only that child-related provisions merge and everything else survives. I am worried about the long-term impact of this mistake and wonder if I need to do anything about it.

A Yes, you absolutely need to do something about it, or the clerical error could cause problems down the road. The simple mechanism for correcting a typographical mistake is to file a “Rule 60(a) Motion for Relief From Judgment to Correct Clerical Mistake.” You should read Probate and Family Court Standing Order 2-99 which provides exact instructions for how you style your motion and how you file it. Be sure to include a copy of the judgment with your filing and title the motion precisely as the rule states or it could be rejected on a technicality.

You should also point out the mistake to your ex-wife and ask her to join you in assenting to the motion. Fixing this now will ensure neither of you has to spend money on legal fees in the future to fix it later.

You should also look at the specific language in the security section for your support. Generally, there is a requirement for you to maintain a certain amount of life insurance in case something happens to you during the time you have an obligation to pay child support and/or alimony. When you make only child-related provisions modifiable, you could run into an issue with the alimony security down the road. Be sure your agreement includes a provision for security for alimony to terminate at the same time as the alimony obligation ends.

There is nothing worse than fast-forwarding 30 years, having your alimony obligation terminate only to learn that the security section was drafted in a sloppy fashion leaving you on the hook for maintaining a significant life insurance policy for your former spouse.

Email questions to whickey@brickjones.com