Pohl v. Pohl
Annotate this CaseWhen Barbara and Michael Pohl divorced, they entered into a custody, support, and property settlement agreement that was incorporated into their dissolution decree. Because the original agreement did not provide for spousal maintenance, the parties filed an addendum calling for Barbara to pay Michael monthly maintenance. Barbara later filed a petition to modify her maintenance obligation. The trial court denied Barbara’s request, concluding that the agreement was not intended to be modifiable. The Supreme Court reversed, holding (1) principles of contract finality preclude modification of a maintenance award unless the agreement is modifiable by its own terms; and (2) the parties’ agreement in this case was modifiable because they expressly made the agreed maintenance amount subject to “further order of the court,” echoing the language of the incapacity maintenance statute. Remanded.
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