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 |
| Browse Family Law by State | |||
| Choose a state form the list below for state-specific family laws, including legal requirements for divorce, marital property rules, child support guidelines, and much more. |
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