Alaska Divorce Property Division

What the Law Says

Alaska courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Alaska divides property acquired during the marriage in a just manner and without regard to which party is at fault, under Alaska Stat. §25.24.160(a)(4), which enumerates nine factors. The court may reach property acquired before the marriage when the balancing of the equities between the parties requires it. Alaska uniquely allows couples to opt into community property treatment through a written agreement under the Alaska Community Property Act (AS 34.77); opted-in community property is divided as appears just and equitable under the four factors of §25.24.160(e). The statute also directs the court to consider the well-being of an animal in awarding its ownership (§25.24.160(a)(5)). There is no statutory presumption of an equal split.

Division Factors (Alaska Stat. §25.24.160)

What Alaska courts weigh:

1. Length of the marriage and station in life of the parties during the marriage (AS 25.24.160(a)(4)(A))
2. Age and health of the parties (AS 25.24.160(a)(4)(B))
3. 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 (AS 25.24.160(a)(4)(C))
4. Financial condition of the parties, including the availability and cost of health insurance (AS 25.24.160(a)(4)(D))
5. Conduct of the parties, including whether there has been unreasonable depletion of marital assets (AS 25.24.160(a)(4)(E))
6. 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 (AS 25.24.160(a)(4)(F))
7. Circumstances and necessities of each party (AS 25.24.160(a)(4)(G))
8. Time and manner of acquisition of the property in question (AS 25.24.160(a)(4)(H))
9. Income-producing capacity of the property and the value of the property at the time of division (AS 25.24.160(a)(4)(I))

Common Questions