Divorce Laws in Alaska: Complete 2026 Guide

Alaska allows both no-fault and fault-based grounds for divorce under Alaska Statutes §25.24.050. The most commonly used no-fault ground is 'incompatibility of temperament,' which essentially means the marriage has broken down irreparably and the spouses cannot get along. For uncontested dissolutions under AS §25.24.200, both spouses jointly state that incompatibility of temperament has caused the irremediable breakdown of their marriage. Fault-based grounds recognized under AS §25.24.050 include: (1) failure to consummate the marriage at the time of marriage, continuing at the commencement of the action; (2) adultery; (3) conviction of a felony; (4) willful desertion for a period of one year; (5) cruel and inhuman treatment calculated to impair health or endanger life, or personal indignities rendering life burdensome; (6) habitual gross drunkenness contracted since marriage and continuing for one year prior to filing; (7) incurable mental illness where the spouse has been confined to an institution for at least 18 months immediately preceding the filing; and (8) addiction to the habitual use of opium, morphine, cocaine, or a similar drug after the marriage. In practice, most Alaska divorces proceed on the no-fault ground of incompatibility of temperament. Fault-based grounds tend to make the divorce process more contentious and costly without offering significant advantages in most cases, since Alaska divides property without regard to fault under AS §25.24.160(a)(4). However, fault considerations may still be relevant in limited contexts, such as spousal support determinations where one spouse has engaged in unreasonable depletion of marital assets. Alaska is considered a true 'no-fault' state in the sense that one spouse cannot prevent the other from obtaining a divorce. Even if a spouse objects to the divorce entirely, the court can grant it based on incompatibility of temperament. For the dissolution pathway under AS §25.24.200, both spouses must agree on all issues; if agreement cannot be reached, the case can be converted to a contested divorce.

Alaska has one of the most lenient residency requirements for divorce in the entire United States. Under AS §25.24.090, either you or your spouse must simply be an Alaska resident at the time the divorce action is filed. Unlike most states that require 60 to 180 days or more of established residency, Alaska does not impose any specific minimum duration of residency before filing. To be considered an Alaska resident for divorce purposes, a person must be physically present in the state and intend to remain indefinitely — that is, you must be domiciled in Alaska with the intent to make it your permanent home. Alaska courts have interpreted residency consistently with AS §01.10.055(a), which defines residency as being physically present and domiciled in the state with the intent to remain. No minimum number of days of residency is required, as confirmed by official Alaska court forms. Military personnel receive special consideration. Under AS §25.24.900, service members who are continuously stationed at a military base in Alaska for at least 30 days are treated as Alaska residents for divorce filing purposes, even if they claim legal residency elsewhere. Military members also have three venue options: the state where stationed, the state where the spouse resides, or the state where the member claims legal residency. It is important to note that while the residency requirement for filing is minimal, the court's jurisdiction over certain issues may be limited. For child custody determinations, children generally must have lived in Alaska for at least six months before the court can enter a custody order (consistent with the Uniform Child Custody Jurisdiction and Enforcement Act). Additionally, if a non-resident spouse has not lived with the filing spouse in Alaska for six months within the last six years, the court may lack authority to divide marital property and debt.

Alaska follows the principle of equitable distribution for dividing marital property in divorce, as set forth in AS §25.24.160(a)(4). This means marital property is divided fairly — but not necessarily equally — between the spouses. The court divides property 'in a just manner and without regard to which of the parties is in fault.' Importantly, the statute specifically includes retirement benefits as divisible property. Alaska courts use a three-step process known as the 'Wanberg analysis' to divide property: first, the court identifies and classifies all marital property and debt; second, the court assigns a monetary value to each asset and liability; and third, the court equitably divides the property between the spouses. Property acquired during the marriage is generally considered marital property regardless of whose name is on the title. The court may also 'invade' separate property (including assets acquired before marriage) when the balancing of equities requires it. The statutory factors courts must consider when dividing property under AS §25.24.160(a)(4) include: the length of the marriage and station in life during the marriage; the age and health of each party; the earning capacity of each party (including education, training, employment skills, work experience, and custodial responsibilities for children); the financial condition of each party (including availability and cost of health insurance); the conduct of the parties (including unreasonable depletion of marital assets); the desirability of awarding the family home to the parent with primary physical custody; the circumstances and necessities of each party; the time and manner of acquisition of the property; and the income-producing capacity and value of the property at the time of division. Alaska is unique among U.S. states in that it offers an opt-in community property system under AS §34.77. Spouses may enter into a written community property agreement (before or during marriage) designating all or certain property as community property. If such an agreement exists, the court divides community property 'as shall appear just and equitable' under AS §25.24.160(e). Without such an agreement, the default equitable distribution rules apply. This hybrid system makes Alaska one of the most flexible states for property division in divorce.

In Alaska, alimony is officially referred to as 'spousal support' or 'spousal maintenance.' Under AS §25.24.160(a)(2), the court may award spousal support that 'fairly allocates the economic effect of divorce.' Either spouse can request support, but the requesting spouse must demonstrate a need, and the other spouse must have the ability to pay. There is no formula for calculating spousal support in Alaska — the judge has broad discretion in determining the amount and duration. Alaska courts recognize three primary types of spousal support: temporary, rehabilitative, and reorientation. Temporary support provides financial assistance during the divorce proceedings while waiting for a final judgment. Rehabilitative support provides the lower-earning spouse with funding for education, training, or job skills necessary to become self-supporting; the recipient must present a specific employment goal and plan. Reorientation support helps a spouse adjust to a reduced standard of living after divorce. Permanent alimony is rare in Alaska and is generally reserved for long-term marriages where a spouse cannot become self-supporting. The statutory factors courts consider when awarding spousal support under AS §25.24.160(a)(2) include: the length of the marriage and station in life during the marriage; the age and health of the parties; the earning capacity of each spouse (including educational background, training, employment skills, work experience, length of absence from the job market, and custodial responsibilities for children); the financial condition of each party (including availability and cost of health insurance); the conduct of the parties (including unreasonable depletion of marital assets); the property division award; and any other relevant factors. Notably, Alaska courts prefer to address economic imbalances through unequal property division rather than ongoing spousal support when possible. Support orders may be modified upon a showing of a material change in circumstances under AS §25.24.170.

Alaska determines child custody based on the 'best interests of the child' standard, as codified in AS §25.24.150 and AS §25.20.060. The court can award sole custody to one parent or shared (joint) custody to both parents. Under Alaska law, neither parent is entitled to a preference in custody based on gender — both parents have equal rights (AS §25.20.060(b)). When determining the best interests of the child, the court considers numerous factors under AS §25.24.150(c), including: the physical, emotional, mental, religious, and social needs of the child; the capability and desire of each parent to meet those needs; the child's preference (if the child is of sufficient age and capacity); the love and affection between the child and each parent; the stability of the child's current living environment and the desirability of maintaining continuity; the willingness and ability of each parent to facilitate a close relationship between the child and the other parent; evidence of domestic violence, child abuse, or child neglect; evidence of substance abuse affecting the child's well-being; and other pertinent factors. Alaska has strong protections related to domestic violence in custody cases. Under AS §25.24.150(g), there is a rebuttable presumption that a parent who has a history of perpetrating domestic violence against the other parent, a child, or a domestic living partner should not be awarded sole or joint custody (legal or physical). This presumption can be overcome by a preponderance of evidence showing the perpetrating parent has completed a batterer's intervention program, does not engage in substance abuse, and that the child's best interests require that parent's participation. Shared custody arrangements must ensure that the child has frequent and continuing contact with each parent to the maximum extent possible (AS §25.20.060(c)). Courts may also order mediation if parents cannot agree, and the court system provides a Parenting Plan Dispute Resolution program. In cases involving children, parents are required to complete a parent education program and watch the 'Listen to the Children' video. Parenting plans typically address physical custody schedules, legal custody (decision-making), travel restrictions, financial matters including Permanent Fund Dividends, and tax dependency designations.

To begin a divorce in Alaska, you must first determine which pathway is appropriate for your situation. If both spouses agree on all issues (property division, custody, support, and debt allocation), you can file a joint Petition for Dissolution of Marriage. If there are disagreements, one spouse files a Complaint for Divorce. Forms are available free from the Alaska Court System's Family Law Self-Help Center website, organized into packets based on whether you have minor children (with children: DR-10 packet; without children: DR-15 packet for dissolutions). Step-by-step, the filing process generally proceeds as follows: (1) Determine your eligibility by confirming Alaska residency. (2) Select and complete the appropriate forms, including the petition or complaint, a Vital Statistics Certificate (VS-401), financial disclosures, and a parenting plan if children are involved. (3) File the completed forms with the Superior Court Clerk in the judicial district where you or your spouse resides, or where the grounds for divorce arose. Pay the $250 filing fee, or file a fee waiver request (Form TF-920) if you cannot afford it. (4) For contested divorces, serve the other spouse with copies of the filed documents via certified mail (restricted delivery) or licensed process server within 120 days. Dissolutions are filed jointly, so no separate service is required. (5) Exchange mandatory financial disclosures within 45 days of the answer being filed. After the 30-day waiting period, the court will schedule a hearing. For uncontested dissolutions, this may be a brief hearing where the judge confirms the agreement is fair and grants the dissolution. For contested divorces, the case may proceed through discovery, mediation (which the court can order under AS §25.24.060), and ultimately a trial if necessary. Alaska is rolling out TrueFiling, an electronic filing system, statewide through 2026 — check with your local clerk to see if e-filing is available or required in your district. Upon filing, a Domestic Relations Standing Order automatically takes effect, prohibiting both parties from disposing of marital assets, removing children from the state, or changing insurance coverage without consent or court order. Divorce and dissolution cases in Alaska are heard exclusively by the Superior Court, which is the state's trial court of general jurisdiction. Alaska does not have a separate family court; instead, domestic relations cases (including divorce, dissolution, child custody, child support, and domestic violence matters) are handled within the Superior Court's jurisdiction. The Superior Court has broad authority to adjudicate all aspects of a divorce, including property division, spousal support, custody, and child support. Alaska's court system is divided into four judicial districts: the First Judicial District (headquartered in Juneau, covering Southeast Alaska); the Second Judicial District (headquartered in Nome, covering Northwest Alaska); the Third Judicial District (headquartered in Anchorage, covering Southcentral Alaska including Kenai, Palmer, and Kodiak — the busiest district); and the Fourth Judicial District (headquartered in Fairbanks, covering Interior and portions of Northern Alaska). You generally file in the judicial district where you or your spouse resides or where the grounds for divorce occurred. Appeals from Superior Court divorce decisions go directly to the Alaska Supreme Court, which has final appellate jurisdiction over all civil matters. The Alaska Court of Appeals handles only criminal and quasi-criminal cases and does not hear family law appeals. The Alaska Court System is a unified, centrally administered, and entirely state-funded system. The chief justice of the Supreme Court serves as the administrative head of the entire court system. Each judicial district has a presiding Superior Court judge responsible for case assignments and administration within that district.

Alaska imposes a mandatory 30-day waiting period from the date the divorce or dissolution petition is filed before the court will sign a final decree. This waiting period applies to all divorces and dissolutions, even when both spouses agree on every issue. The purpose of this waiting period is to provide a cooling-off period and ensure that both parties have had sufficient time to consider their decision. Alaska does not require any period of separation before filing for divorce. There is no separation requirement — spouses can file while still living together. The 30-day waiting period begins when the petition or complaint is filed with the court, not when the other spouse is served. In uncontested dissolution cases, a hearing is typically scheduled after the 30-day period, and if all paperwork is in order, the judge may grant the dissolution at that hearing. In practice, the actual time from filing to final decree is often longer than 30 days, depending on the complexity of the case and the court's calendar. Uncontested dissolutions typically take 45 to 75 days from filing to finalization, while contested divorces can take 6 to 15 months or longer depending on the issues involved, the need for discovery, mediation, or trial. The court does not impose a maximum time limit, but parties must attempt service within 120 days of filing or risk dismissal of the case.