Voigt v. Voigt ( 1996 )

SULLIVAN, Justice,

concurring.

I congratulate Chief Justice Shepard on an excellent and very helpful opinion. I write only to associate myself with the point made in footnote 13 of the opinion. I would be inclined to say that a court has the authority to modify a maintenance obligation that originated in a settlement agreement but that rested on a ground — incapacity, caregiving, or rehabilitation — on which the court could have ordered the same maintenance in the absence of such an agreement. However, I agree that that issue is not before us and any decision on it should be reserved, especially because the freedom of contract considerations identified in footnote 11 and accompanying text will be present in such cases and point against modification.