Divorce online - Divorce forms - Do it yourself divorce - Divorce papers - Divorce form - No-fault divorce - Uncontested
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To better understand the issues relating to your legal situation or problem, our legal information and other law related facts may be of interest to you
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Alaska is an "equitable distribution" state. Both joint and separate Property, which has been acquired during the Marriage, will be divided in a "just" manner. Any fault of the spouses shall not be taken into account. If necessary, to achieve a fair result in a "fault-based" divorce action, Property acquired before the Marriage may be divided also.
In a "no-fault" dissolution of Marriage action, Property acquired prior to the Marriage will not be divided unless the spouses agree or it is in the best interests of any children to do so. Gifts and inheritances are also subject to division by the court. Factors considered are:
(1) length of Marriage; (2) position in life of the parties during Marriage; (3) the age and health of the parties; (4) the earning capacity of each spouse; (5) the financial condition of each spouse; (6) the parties' conduct regarding their assets; (7) the desirability of awarding the family home to the spouse with primary physical custody of children; (8) the time and manner of acquisition of their Property; (9) the income-producing capacity of the Property and its value; and (10) all other relevant factors.
Non-monetary contributions to the Marriage (for example: home-making) are also considered. If Property is considered "community Property" under a community Property agreement or trust under Alaska Statutes, Section 34.77, the court may divide such Property in a just and equitable manner based on all factors, including:
(1) the nature and extent of the community Property; (2) the nature and extent of the spouse's separate Property; and (3) the duration of the Marriage. [Alaska Statutes; Sections 25.24.160 and 25.24.230].
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