Divorce in Alaska is governed by Title 25 of the Alaska Statutes (Marital and Domestic Relations).
Key Statutes & Concepts:
- Title 25, Chapter 24 (AS 25.24): Deals directly with divorce actions, judgments, property division (AS 25.24.160), custody (AS 25.24.150), and name changes.
- No-Fault Divorce: Alaska is a “no-fault” state, allowing divorce based on “incompatibility of temperament” (also referred to as “irremediable breakdown”).
- Dissolution: In Alaska, “dissolution” is another term for divorce, applicable when both parties agree on terms. AS 25.24.200 covers dissolutions.
- Legal Separation: AS 25.24.400 and 410 allow parties to file for legal separation when (1) an incompatibility of temperament exists between the parties; and (2) the continuation of the parties’ status as married persons preserves or protects significant legal, financial, social, or religious interests.
- Other Relevant Chapters:
- AS 25.20: Covers child custody, visitation, and modifications.
- AS 25.27: Relates to child support.
Clients often come to our office with the misunderstanding that “Alaska is a 50/50 state.” No, it’s not. It’s an equitable division state. While there is a presumption by the court that an equal division of the marital estate is presumptively fair, that presumption must be balanced against countervailing considerations, such as fairly allocating the economic effect of divorce and ensuring the property division is adequate to meet both parties’ needs while transitioning into postmarital life. The court does that by analyzing the facts of the case through the factors set out in AS 25.24.160 – factors like the health of the parties and availability of health insurance , their earning capacity and financial situation leaving the marriage, time out of the job market to care for children and similar considerations. This can result in division of the assets and debts of the marriage ranging anywhere between 50/50 and 65/35 or more.
Of course, in many cases, the property division is secondary. The court will evaluate the best interests of the children and determine whether (in most cases) joint or sole legal custody should be awarded and whether the parents should share physical custody relatively equally or if one parent will exercise primary physical custody, with the other parent exercising less time with the children. AS 25.24.150 lists factors used to analyze the children’s best interest.
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