In re Marriage of Knutson

Court properly considered husband's pension benefits as income for purposes of calculating maintenance in modification of Marital Settlement Agreement (MSA). Although MSA includes wife's express waiver of husband's deferred compensation plan and one of his defined contribution plans, no such express waiver is included as to his pension benefits. Waiver cannot be considered implicitly included in the boilerplate, generic mutual release at the end of MSA, as Marriage and Dissolution of Marriage Act contains express written language requiring court to consider "retirement benefits" of parties when modifying maintenance.(O'BRIEN and WRIGHT, concurring.)