Alaska
Post Divorce Property Division

Alaska Property Division Guide :: Table of Contents

What Is Property Division?
Property Division Law Table
Alaska Child Visitation Law Summary
Alaska Property Division FAQ
Alaska Property Division Law Text

Alaska Property Division General Information

Property Division Method
(Community Property or Equitable)

Only Community Property Divided

Nonmonetary Contributions

Contributions to Education

Economic Misconduct

COMMUNITY PROPERTY

YES

What is property division in a Alaska divorce?

Also known as equitable distribution, property division is the process of dividing property rights and obligations between spouses during the process of a divorce. Property division may be agreed upon between the soupses through a property settlement, or it may be decided in court during the judicial process of divorce. The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc.

Alaska is a community property state, and only property acquired during the course of the marriage is subject to division following divorce. Some factors considered by Alaska courts in a property division case include economic misconduct and a list of other factors defined in Alaska law. This page summarizes the most important aspects of property division laws in Alaska.

Alaska Property Division Court Considerations Table

Community Property
Only Marital Community Property Divided
Statutory List of Factors
Contributions made within a marriage. Such as
Economic Misconduct
Contribution to Education

Alaska Property Division Summary

Alaska divides marital assets under community property law, which means that property and assets acquired during a marriage are jointly owned by both spouses, regardless of who purchased it or whose name is on the title. In most cases, community property will be divided 50/50 between the spouses. Other factors may be taken into account by the judge when determining the fair division of certain assets.

In Alaska, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property.

Alternatively, non-marital property or property acquired by one spouse prior to the marriage or property acquired during the marriage by one that is designated to remain separate and apart from the marital estate remains that spouse's separate property and is not subject to property division.

Alaska Property Division Frequently Asked Questions

Alaska Property Division FAQ

Is Alaska a community property state?
Does state of Alaska only divide marital property after a divorce?
Is there a set list of statutory factors for determining property division in the state of Alaska?
Do courts in the state of Alaska consider nonmonetary contributions?
Does Alaska consider a spouse's economic misconduct in property division?
Are contributions to education considered in the state of Alaska?
Can a pre-nuptual agreement affect property division in Alaska?
How can I enforce a property division order in Alaska?
Dower and Curtesy in Alaska?

Is Alaska a community property state?

Alaska is a community property state, which means that virtually all assets and debt acquired during the duration of a marriage are considered marital property, and are thus divided equally between the spouses in the event of a divorce. Examples of assets generally considered community property under Alaska law include:

Wages and income earned by either spouse during the marriage
Investment income earned during the marriage
Houses, furniture, cars, etc purchased during the marriage
Debt acquired during the marriage (like a mortgage, car loan, etc)

Some property, including that acquired by either spouse previous to marriage, may be exempt from the community property designation. Other property may be ruled as "partial" community property due to co-mingling or spouse contributions during the marriage, which can lead to complicated property division negotiations during a divorce.

Does state of Alaska only divide marital property after a divorce?

In the state of Alaska, only property or assets considered "marital property" or "community property" are subject to division in a divorce case. This means that property owned by either spouse prior to marriage is exempt, as are certain individually-owned assets acquired during the tenure of the marriage.

Some individual property may be considered to be "partial community property" or even ruled to be fully community property due to contributions by the other spouse or co-mingling of assets, which may lead to complicated property division situations.

Is there a set list of statutory factors for determining property division in the state of Alaska?

Alaska has a list of factors set by statute that specify what the court will use to determine a fair property division. Examples of factors that are often taken into consideration during property division cases include:

Marital Fault - In states that allow at-fault divorces, the fault of one spouse may be used by the judge to justify a higher percentage to the injured spouse.
Economic Misconduct - In Alaska, spouses who wastefully or fraudulently spent marital assets may receive a lower percentage of the marital property.
Income and Earning Capacity - The court may consider the relative incomes and earning capacity of each spouse, which may be affected by factors such as age, education, and health. The spouse with lower economic prospects may receive a larger percentage of the estate.
Custody of Children - If one spouse has full custody of the couple's children following the breakup, this may result in higher likelihood of receiving a higher percentage of the estate, or certain pieces of marital property (like the family house).

Do courts in the state of Alaska consider nonmonetary contributions?

Alaska does not have a law requiring the court to consider the nonmonetary contributions (like household chores, childcare, etc) of a spouse when determining an appropriate property division.

Does Alaska consider a spouse's economic misconduct in property division?

Alaska law allows courts to consider economic misconduct of a spouse as a factor in determining equitable property division. Economic misconduct generally means dissipation of assets, which is the legal term for the wasting or loss of marital funds or assets by a spouse through means like excessive spending, gambling, fraud, etc.

If a spouse is found to have dissipated marital funds in a way that injured the other spouse, the court may take punitive or restorative action by awarding a higher percentage of divided property to the injured spouse.

Are a spouse's contributions to their partner's education considered in the state of Alaska?

Alaska has no statute requiring courts to consider a spouse's contributions to their partner's education or earning capacity when determining how to divide marital property.

Can a pre-nuptual agreement affect property division in Alaska?

A prenuptual agreement, or pre-nup, is a binding legal contract signed by both spouses prior to getting married in Alaska. A prenup containing a property division agreement can take precedence over Alaska's property division laws by establishing what is considered as separate vs marital property, as well as agreeing on how finances will be structured during the marriage and divided in the event of a divorce.

The existance of a valid prenuptual agreement can prevent a Alaska court from having full reign to determine how assets are divided between the spouses, and instead allow them to be divided in a way agreed to by both spouses prior to the event.

How can I enforce a property division order in Alaska?

A Alaska property division order is a court order issued by a court order issued by a judge, describing how property is to be divided between spouses following a divorce. A property division order is a binding legal obligation, and failure to comply with the terms in full by either spouse can result in being charged with contempt of court. If your spouse is not complying with a property division order, you can consult a family lawyer to discuss potential legal avenues.

Dower and Curtesy?

Curtesy: Uniform Probate Code adopted (§§13.06.005, et seq.); dower has been abolished

| State Law Official Text

Section(s):
A LASKA STAT. § 25.24.160

AS 25.24.160. Judgment.(a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide(1) for the payment by either or both parties of an amount of money or goods, in gross or installments that may include cost-of-living adjustments, as may be just and proper for the parties to contribute toward the nurture and education of their children, and the court may order the parties to arrange with their employers for an automatic payroll deduction each month or each pay period, if the period is other than monthly, of the amount of the installment; if the employer agrees, the installment shall be forwarded by the employer to the clerk of the superior court that entered the judgment or to the court trustee, and the amount of the installment is exempt from execution;(2) for the recovery by one party from the other of an amount of money for maintenance, for a limited or indefinite period of time, in gross or in installments, as may be just and necessary without regard to which of the parties is in fault; an award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors:

(A) the length of the marriage and station in life of the parties during the marriage;

(B) the age and health of the parties;

(C) 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;

(D) the financial condition of the parties, including the availability and cost of health insurance;

(E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;

(F) the division of property under (4) of this subsection

(G) other factors the court determines to be relevant in each individual case;

(3) for the delivery to either party of that party's personal property in the possession or control of the other party at the time of giving the judgment;

(4) for the division between the parties of their property, including retirement benefits, whether joint or separate, acquired only during marriage, in a just manner and without regard to which of the parties is in fault; however, the court, in making the division, may invade the property, including retirement benefits, of either spouse acquired before marriage when the balancing of the equities between the parties requires it; and to accomplish this end the judgment may require that one or both of the parties assign, deliver, or convey any of their real or personal property, including retirement benefits, to the other party; the division of property must fairly allocate the economic effect of divorce by being based on consideration of the following factors:

(A) the length of the marriage and station in life of the parties during the marriage;

(B) the age and health of the parties;

(C) 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;

(D) the financial condition of the parties, including the availability and cost of health insurance;

(E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;

(F) 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 primary physical custody of children;

(G) the circumstances and necessities of each party;

(H) the time and manner of acquisition of the property in question; and

(I) the income-producing capacity of the property and the value of the property at the time of division.

(b) If a judgment under this section distributes benefits to an alternate payee under AS 14.25, AS 21.51.120 (a), AS 21.54.020 (g), 21.54.050(c), AS 22.25, AS 26.05.222 - 26.05.226, or AS 39.35, the judgment must meet the requirements of a qualified domestic relations order under the definition of that phrase that is applicable to those provisions.

(c) Notwithstanding (a) of this section, if one of the parties to an action for divorce or action declaring a marriage void expressly submits to the court the issue of property division and has not withdrawn that issue from the court before judgment, the court shall provide in the judgment for the division of property and may not reserve the issue of property division for a later time unless the conditions of AS 25.24.155 have been met.

(d) For each judgment issued under this section, the court shall include in the records relating to the matter the social security numbers, if ascertainable, of the following persons:

(1) each party to the action;

(2) each child whose rights are addressed in the judgment.

(e) When distributing property identified as community property under a community property agreement or trust under AS 34.77, unless the parties have provided in the agreement or trust for another disposition of the community property, the court shall make such disposition of the community property as shall appear just and equitable after considering all relevant factors, including

(1) the nature and extent of the community property;

(2) the nature and extent of the separate property;

(3) the duration of the marriage; and

(4) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in the family home for reasonable periods to a spouse with whom the children reside the majority of the time.

Alaska Post Divorce Property Division