Alaska Family Law

 

Alaska laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Alaska Statutes Title 25 - Marital and Domestic Relations
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault and no-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment  
i. Periera and Van Camp in CA  
b. Property distribution factors Alaska Property Distribution Factors
4. Legal separation? Yes, under Article 04
a. Waiting period/Separation period 30 days
5. Is mediation required Parties or court may request mediation.
6. Forms used Alaska Family Law Forms
7. Alimony guidelines and factors Alaska Statute 25.24.160
Alimony formula  
a. Types Rehabilitation support and Reorientation Support
b. Term Limits Generally for specific period of time.  Typically rehabilitative lasts until school or job training is complete and reorientation support may last one year.
Cohabitation If the recipient's financial needs change due to cohabitation, support may be reduced. Statute 25.24.170
c. Imputing income If a party wants the court to impute income to another parent, must file Motion to Impute
d. Change in circumstances "There must be a change in circumstance: a 15% change in the amount of child support ordered (this means that when you calculate support based on the non-custodial parents current income now, it is 15% more or less than the current support order), or
change in parenting plan that affects which calculation is used to figure out  the child support (for example, the parenting plan changes so a primary custody calculation applies now instead of a shared custody calculation)."
e. Ceases on retirement  
Impute income on early retirement Dunn v. Dunn, 952 P.2d 268 (Alaska 1998)
Early retirement for health reasons is involuntary  
f. Definition of income (where husband retired in his 50s claiming shoulder pain but was building houses,
8. Child support factors and guidelines Alaska Office of Child Support
9. Child support calculator Alaska Child Support Calculator (click bypass to login)
10. Lump Sum  Support allowed? Alaska 25-25.24.160(3)
11. Valuation  
a. Valuation date  
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Moffitt v. Moffitt, 749 P.2d 343 (Alaska 1988)
c. Standard of value Fair market value
d. Discounts Yes, Hayes v Hayes
e. Shareholder/partner agreements Agreements should be considered
 12. Double dip  Impermissible double dip, not issue because personal goodwill not divisible
 a. Stock options  
 b. Retirement accounts  
 c. Child support  
 13. Key cases  
 14. Premarital agreements  May be used - does not follow Uniform Premarital Agreement Act
 15. Common law  No


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