In the Matter of the Marriage of McDONNAL, Petitioner on Review, and McDONNAL, Respondent on Review

Summary

The court held that an incorporated spousal-support agreement may provide for review after a fixed period without requiring the recipient to prove a substantial change in circumstances, but only in extraordinary circumstances and when the provision originated with the parties rather than the court. Because the trial court had not determined whether the parties intended that result, the court reversed and remanded for an evidentiary determination of contractual intent. Justice Tanzer, dissenting, would have applied the changed-circumstances rule and rejected the majority's exception.