Bracci v. Chiccarelli

In 1986, the parties executed a modification agreement altering the terms of a judgment of divorce nisi entered in August, 1984. The agreement stated that it was to survive as a binding contract and not merge with any judgment. The parties filed a “Joint Motion for Entry of Judgment of Modification,” and a judgment of modification incorporating their agreement entered on May 13, 1986.

Almost eleven years later, in March, 1997, the plaintiff, alleging that her needs had changed drastically, filed a complaint for modification seeking alimony and a division of certain assets, including two…