Alaska Divorce Laws 1

In: Alaska

Divorce Law Basics in the State of Alaska

Also See: Alaska Marriage Laws

No-Fault Grounds:

  • Incompatibility
  • Irretrievable breakdown

At-Fault Grounds:

  • Failure to consummate
  • Adultery
  • Conviction of a felony
  • Wilful desertion for at least 1 year
  • Cruelty
  • Habitual gross drunkeness contracted after the marriage and continuing for at least one year prior to filing
  • Incurable mental illness and confinement to a mental institution for at least 18 months prior to filing
  • Habitual drug abuse contracted after the marriage and continuing at the time of filing

Residency Requirements:

  • Filing party must be a resident at time of filing

Legal Separation Recognized?

  • Yes

Property Distribution:

  • Alaska relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution.

Alimony:

  • Alimony may be awarded to either party and is at the discretion of the judge. While the judge is not required to consider fault when determining alimony, the conduct of the parties can be a factor in the decision process.

Related Statutes:

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Discussion

  • divorcee

    If you married your spouse while he was in the military am I entitled to any benefits after divorce? Also should I seek any alimony if we have been seperated for years but he makes almost 80,000 a year more than me and has many assets?