The following is a summary of Alaska property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Alaska Code and/or consult with an attorney about how the law might apply to your particular situation.

Guidelines for Determining Property Division.

When dividing marital property, an Alaska court is usually inclined to accept the property settlement agreement submitted by the parties as long as the agreement is generally fair and not driven by fraud or some form of coercion.

Alaska follows the law of equitable distribution, which basically means that marital property is subject to a fair and equitable, but not necessarily equal, division. All property acquired during the marriage is considered marital property. The law does not recognize fault as a consideration in the property division settlement.

[A.S. 25.24.160]
The property division must fairly allocate the economic effects of divorce, based on consideration of the following factors:

  1. The length of the marriage and station in life of the parties during the marriage;
  2. The age and health of the parties;
  3. The earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
  4. The financial condition of the parties, including the availability and cost of health insurance;
  5. The conduct of the parties, including whether there has been unreasonable depletion of marital assets;
  6. The desirability of awarding the family home, or the right to live in it for a reasonable period of time, to the party who has the primary custody of children;
  7. The circumstances and necessities of each party;
  8. The time and manner of acquisition of the property in question; and
  9. The income-producing capacity of the property and the value of the property at the time of division.

 

This information has been summarized from the Alaska statutes. You can find the full-text version of these and other Alaska divorce statutes online here: Alaska Divorce Laws.

LEARN MORE ABOUT GENERAL PROPERTY DIVISION LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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