Nature of the Case
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Facts
H and W were married for 30 years. H filed for divorce. They executed a stipulation in this dissolution action on June 27, 1981, and the trial court incorporated the terms of the stipulation into its judgment and decree entered August 31, 1981. It awarded temporary maintenance to W for a 10-year period. H and W also waived any right to maintenance except as provided therein and that the court was divested of jurisdiction to alter the agreement or maintenance. H would pay W $1,200 per month for 6 years and $600 per month for 4 years thereafter. The stipulation states that the parties 'hereby mutually release each other from all rights, claims and other obligations arising out of or during the course of their marriage relationship, except as specifically set forth elsewhere in this Stipulation.' H worked as the vice president of sales. In 1985, he earned $111,440 taxable income. In 1986, H estimated his 1986 gross salary at $ 126,000. H has been accruing interest in a deferred payment plan since 1981. The plan will be worth approximately $625,000 in 1995 if he stays with his company until that time. In 1984, W earned $13,956, and the job was being eliminated. In November 1985, she worked part-time in a bakery for $5 per hour. In 1986, W took a real estate course and began selling real estate at Edina Realty. She earned no money during her first year of work. In September 1986, W had an IRA valued at $26,500. W filed a motion, and the court accepted jurisdiction to modify the alimony requesting permanent maintenance of $3,500 per month. H challenged the authority to modify the maintenance. The court denied the challenge and heard the case. The referee determined W had the capacity to earn $1,000 per month and increased maintenance to $1,500 per month and made the award permanent. H appealed. The court of appeals affirmed the trial court. H appealed.
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