(dissenting).
Consider that not unlikely event that a woman entering into a stipulation identical to that presented shortly thereafter suffers a totally disabling illness that threatens to quickly exhaust all of her available resources and that, during the same period, her former husband enjoys a substantial increase in income. The majority opinion broadly decrees that the agreement is valid, the waiver of jurisdiction is final and that the courts are powerless to fashion a remedy. I cannot concur in a decision which has this potential effect and I therefore dissent. I am simply unable to reconcile the majority decision with either the clearly stated legislative mandate contained in Minn.Stat. § 518.64 or the cumulative decisional authority of this court supporting the principle that awards of spousal maintenance are, upon motion, subject to the continuing jurisdiction and scrutiny of the trial courts.
I start with the limiting proposition that Howard has expressly conceded that all findings of fact and conclusions separate and apart from issues of jurisdiction and waiver are adequately supported by the record and are not clearly erroneous. As a *505result, we must assume for purposes of this discussion that there exists the requisite change of circumstances warranting modification of the spousal maintenance award.1 What remains is what I view as the focal issue, namely, whether the parties may, by agreement, divest the court of its continuing jurisdiction to entertain a motion for modification made pursuant to Minn.Stat. § 518.64. For the reasons which follow, I conclude that they cannot and that the trial court should be affirmed.
Admittedly, the language of the original judgment and decree, as well as the parties’ stipulation, purports to divest the court of any jurisdiction to modify the provision for spousal maintenance. The majority has accepted Howard’s contention that the judgment and decree should be given res judicata effect, precluding relit-igation or reconsideration of the maintenance issue.2 However, 60 years ago, in a somewhat different context, this court refused to give res judicata effect to language in a divorce decree which purported to divest the court of jurisdiction over maintenance. Sessions v. Sessions, 178 Minn. 75, 78, 226 N.W. 211, 212 (1929) (decree did not deprive court of jurisdiction to hold obligor in contempt for failure to pay alimony). Although there have been many changes in family law over the intervening 60 years, we have consistently recognized that jurisdiction over marriage dissolution is statutory. E.g., DeLa Rosa v. DeLa Rosa, 309 N.W.2d 755, 757-58 (Minn.1981); Kiesow v. Kiesow, 270 Minn. 374, 380, 133 N.W.2d 652, 657 (1965). Since dissolution jurisdiction is statutory, the corollary of the observation that the district court has no power except that delegated by statute, id., is that the district court cannot divest itself of the power validly delegated by statute.
As recently as 1985 we discussed the rationale for the exclusivity of the statutory definition of the parameters of jurisdiction in matters of family law. In Angelos v. Angelos, 367 N.W.2d 518 (Minn.1985), after pointing out that because of our concern with preserving the finality of judgments and the orderly administration of justice an order denying a motion to modify or vacate a judgment is generally not appealable, we said that different considerations govern family law:
In the practice of family law, however, modifications of judgments on the basis of changed circumstances are sui gener-is and do not fit within the reasons for the rules with respect to finality of judgments not appealed from within 90 days. These changes in circumstances do not ordinarily appear within the 90 days following entry of judgment. Moreover, ■domestic relationships, by their nature, continue under the jurisdiction of the court virtually throughout the lives of the parties. Accordingly, the legislature specifically authorized modification, in cases of changed circumstances, of those provisions of divorce decrees affecting custody, visitation, maintenance, and support. Minn.Stat. §§ 518.18 and 518.64 (1984).
Id. at 519.
Minn.Stat. § 518.55, subd. 1 (1986) contains this provision:
In a judgment of dissolution or legal separation the court may determine, as one of the issues of the case, whether or not either spouse is entitled to an award of maintenance notwithstanding that no award is then made, or it may reserve jurisdiction of the issue of maintenance for determination at a later date. *506After an order for maintenance or support money, temporary or permanent, * * * the court may from time to time, on petition of either of the parties, * * * modify the order respecting the amount of maintenance or support money, and the payment of it * * * *.
*505Minn.Stat. § 518.64, subd. 1 (1986) provides for modification of a maintenance award:
*506It has long been established that section 518.64 limits the court’s power to modify a maintenance award to those cases in which maintenance has been provided by order or decree. Warner v. Warner, 219 Minn. 59, 78, 17 N.W.2d 58, 67 (1944). Similarly, it is well settled that where there is neither an award of maintenance nor a reservation in the decree of jurisdiction of the issue of maintenance for later determination pursuant to section 518.55, the district court cannot thereafter award maintenance. E.g., Eckert v. Eckert, 299 Minn. 120, 123, 216 N.W.2d 837, 839 (1974). There is, however, nothing in either statutory or decisional law which suggests that the district court may divest itself of the jurisdiction which the legislature has accorded it. To the contrary, this court has declared that a stipulation for maintenance adopted by the court in its final decree does not limit or deprive the court of its discretionary power to determine whether changed circumstances warrant revision of the maintenance award. Mark v. Mark, 248 Minn. 446, 450, 80 N.W.2d 621, 624 (1957); Ramsay v. Ramsay, 305 Minn. 321, 323, 233 N.W.2d 729, 731 (1975). More recently, a provision authorizing a decree expressly precluding or limiting modification of any stipulated terms except those concerning support, custody, or visitation of children, included in a 1978 bill for amendment of chapter 518, was deleted before enactment.3
It seems only logical that the legislature crafted the modification provisions of section 518.64 in recognition of the obvious fact that the future is uncertain4 and that, upon the requisite showing, a remedy should be available to either party to prevent continued enforcement of an award which has been rendered inadequate or excessive by the vagaries of the parties’ financial or physical state. The omission of statutory authorization to the parties to limit by agreement the continuing authority of the court must be viewed as purposeful. To the extent the majority is willing to attribute sufficient clairvoyance to the parties in formulating their agreement to override the broad public policy embodied in the statute, I find it unacceptable.
I am similarly unpersuaded by the majority's apparent conclusion that even if the court has jurisdiction, Frima is bound by her express contractual agreement to relinquish the right to seek maintenance in excess of that provided by the parties’ stipulation. To paraphrase Gertrude Stein,5 a contract is a contract is a contract is a contract; so goes the argument.
It is true, of course, that a judgment for money damages entered pursuant to a stipulation for settlement and release is generally considered final upon expiration of the time for appeal absent fraud or some other circumstance which would justify relief pursuant to Rule 60.02, Minn.R.Civ.P. Similarly, a judgment and decree of dissolution entered in accordance with a stipulation for property distribution is final upon expiration of the time for appeal. Angelos v. Angelos, 367 N.W.2d 518, 520 (Minn.1985).6 Except for an award of the right to occupy the homestead, a division of real *507and personal property may be revoked or modified “only where the court finds the existence of conditions that justify reopening a judgment under the laws of this state.” Minn.Stat. § 518.64, subd. 2 (1986).
Nevertheless, the same statute which provides for the finality of a division of property, whether or not based on the parties’ stipulation, provides for modification of the terms of a decree respecting maintenance, whether or not based on the parties’ stipulation. Minn.Stat. § 518.64 (1986). We have, I believe, previously said all that needs to be said about the effect of a stipulation:
Although the fact that the court in its final decree adopted the [maintenance] provisions of a stipulation entered into by the parties pending the action is entitled to considerable evidentiary weight in passing upon an application for [maintenance] revision, the stipulation is, nevertheless, purely advisory to the court and does not limit or deprive it of its discretionary power of determining whether a future change of circumstances warrants revision. A court-adopted stipulation is to be given such evidentiary weight as will make the court more reluctant, than it would otherwise be, to modify the original [maintenance] provisions. Stipulations of this kind are deemed to have been entered into in view of the authority conferred upon the court by the statute and are merged in the judgment, and are not so far contracts as to be controlling upon the court or as to preclude subsequent change, in a proper case, of the original final decree. It follows that the parties cannot by their stipulation bind the court as to what change of circumstance shall or shall not justify a change in [maintenance].
Mark v. Mark, 248 Minn. 446, 450, 80 N.W. 2d 621, 624 (1957).7 These principles were reiterated in Hellman v. Hellman, 250 Minn. 422, 426-27, 84 N.W.2d 367, 371 (1957); Mund v. Mund, 252 Minn. 442, 446, 90 N.W.2d 309, 313 (1958); Tammen v. Tammen, 289 Minn. 28, 30, 182 N.W.2d 840, 842 (1970); and Kaiser v. Kaiser, 290 Minn. 173, 180, 186 N.W.2d 678, 683 (1971), are equally applicable here and adequately define a trial court’s inquiry without interfering with its statutory exercise of jurisdiction.
In practical effect then, a trial court which gives considerable weight to the fact that the financial rights and obligations of the parties have been fixed in the decree as a result of their agreement may well be restrained in the exercise of its discretion but not controlled. Kaiser v. Kaiser, id. at 180, 186 N.W.2d at 683. And, of course, the tenor of that agreement must be. considered in determining whether circumstances have so changed that the agreement has become fundamentally unfair. This analysis not only preserves the continuing jurisdiction of the trial court, but also provides a forum in which the parties are free to assert their views as to the significance of the agreement.
The majority, however, decrees a sweeping change in this statutory structure, asserting that it is inequitable to allow a party to “renege” on one provision of an agreement while accepting the benefit of another provision. At the same time, however, it refuses to acknowledge that the language of waiver and finality does not guarantee against unilateral modification by an obligor who falls on hard times. There is an old country saying that blood cannot be got from a turnip: an obligor who has no money can neither pay nor be forced to pay maintenance. If it is not fundamentally unfair to recognize that because of changed circumstances the obligor is no longer financially able to meet the terms of the judgment without modification, it is not fundamentally unfair to recognize that because of a marked change in circumstances the obligee’s financial need exceeds that contemplated by the original *508judgment or the obligor’s financial ability to meet the obligee’s needs has improved.
In summary, I view the majority decision as a significant departure from accepted principles of judicial supervision of spousal maintenance awards and contrary to declared public policy. Moreover, as the decision requires no particularized inquiry into the circumstances upon which the purported waiver was based or the specific consideration therefor, it offers little or no protection to one spouse from the potential overbearing by the other. Finally, it effectively strips the trial court of the time-honored broad discretion afforded in difficult matters of this nature.
. Although she did not interpose a petition for further review, Frima contends that the modified maintenance award is inadequate to meet her needs and requests this court to increase the amount of the award. While this court may review any order involving the merits and take any action it deems appropriate, the interest of justice does not require review of the amount of the award in this case. In my view, a respondent who seeks affirmative relief in the event this court grants further review should file a timely conditional petition for further review.
. The form of res judicata known as direct es-toppel results in issue preclusion in a second action on the same claim. Restatement (Second) of Judgments § 27 comment b (1982).
.Compare H.F. No. 2027, 70th Leg., 2d Sess. § 50(f) (1978) (first through third engross-ments) with Act of Apr. 5, 1978, ch. 772, 1978 Minn.Laws 1062 (enacted version of H.F. No. 2027 which does not contain § 50 of earlier engrossments). H.F. No. 2027, § 50 was based on § 306 of the Uniform Marriage and Divorce Act, 9A U.L.A. 216-17 (1973). The legislature also rejected two previous attempts to enact § 306. See H.F. No. 1647, 70th Leg., 1st Sess. § 20 (1977); S.F. No. 1256, 67th Leg., 1st Sess. § 20 (1971).
. Sharp, Fairness Standards and Separation Agreements: A Word of Caution on Contractual Freedom, 132 U.Pa.L.Rev. 1399, 1407-42 (1984).
. Stein, Sacred Emily.
. I note that the 1988 legislative session produced a statutory amendment that allows a court to relieve parties from most provisions of judgments and decrees if it finds the existence of any factors that would require relief under Minn.R.Civ.P. 60.02. See Act of Apr. 26, 1988, ch. 668, § 11, 1988 Minn.Laws 1007, 1011-12 (codified at Minn.Stat. § 518.145 (1988)).
. The statement that when the terms of a stipulation are embodied in the judgment, the stipulation becomes merged in the judgment and is not, in the absence of a statute on the subject, "so far of a contractual nature as to preclude the court subsequently from changing and modifying the judgment, upon application of one of the parties,” first appeared in Warren v. Warren, 116 Minn. 458, 459, 133 N.W. 1009 (1912), 114 Minn. 389, 131 N.W. 379 (1911).