Alaska Statutes Title 25, Chapter 24 - Divorce and Annulment

Alaska recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is 'incompatibility of temperament' causing the irremediable breakdown of the marriage — no evidence of wrongdoing is required beyond one spouse's sworn statement. Fault-based grounds include adultery, conviction of a felony, willful desertion for one year, cruel and inhuman treatment calculated to impair health or endanger life, personal indignities rendering life burdensome, habitual gross drunkenness for one year, addiction to drugs, and incurable mental illness with 18 months of institutional confinement.

Effective: 2024

Spouses may jointly petition for dissolution if incompatibility of temperament has caused the irremediable breakdown of the marriage and they agree on all issues — custody, visitation, child support, property division, and spousal maintenance. A separate petition is available when one spouse's whereabouts are unknown. This is Alaska's simplified uncontested process, distinct from a contested divorce.

Effective: 2024

A service member continuously stationed at a military base or installation in Alaska for at least 30 days is considered an Alaska resident for purposes of filing for divorce or dissolution. This provision ensures military families can access Alaska courts even if they do not claim Alaska as their legal domicile.

Effective: 2024

Alaska follows equitable distribution. The court divides all property — including retirement benefits — whether jointly or separately held, acquired during the marriage, in a 'just manner' without regard to fault. The court may also 'invade' premarital and separate property when balancing the equities requires it. Gifts and inheritances to one spouse are typically excluded but may still be reached if fairness demands.

Effective: 2024

The court must fairly allocate the economic effect of divorce by considering: length of the marriage and station in life, each spouse's earning capacity (including education, training, and work experience), financial condition of each party (including health insurance costs), conduct of the parties (especially unreasonable depletion of marital assets), desirability of awarding the family home to the primary custodial parent, and the income-producing capacity of the property. The court may also consider pet well-being when deciding animal ownership.

Effective: 2024

Alaska is unique in offering an opt-in community property system alongside its default equitable distribution framework. Married couples may elect community property treatment through a written agreement or trust under AS 34.77. Upon divorce, community property created under such agreements is divided as the court determines to be just and equitable, unless the agreement specifies a different disposition.

Effective: 2024

Courts determine custody based on the child's best interests, considering: physical, emotional, mental, religious, and social needs of the child; each parent's capability and desire to meet those needs; the child's preference (if of sufficient age and capacity); love and affection between child and each parent; stability of the child's current environment; and each parent's willingness to foster the child's relationship with the other parent. Domestic violence, substance abuse, and any other relevant factors are also considered.

Effective: 2024

There is a rebuttable presumption that a parent who has committed domestic violence against the other parent, a child, or a domestic living partner should not be awarded sole or joint custody — whether legal or physical. No protective order or criminal charges are required for the court to find domestic violence. A parent may overcome this presumption by completing a batterer's intervention program and meeting other court-ordered requirements.

Effective: 2024

When considering shared custody — intended to maximize each parent's contact with the child — the court evaluates additional factors: proximity of the parents' homes to each other and to the child's school, feasibility of travel between homes, the child's educational needs, advantages of remaining in the current community, and any special needs unique to the child. Evidence of domestic violence or substance abuse in the proposed custodial household is also considered.

Effective: 2024

A custody or visitation order may be modified if the court finds a material change in circumstances and the modification serves the child's best interests. The court applies the same best interest factors under §25.24.150(c) and the domestic violence presumption under §25.24.150(g). If the modification is granted over a parent's objection, the court must state its reasons on the record. A parent's relocation qualifies as a substantial change in circumstances.

Effective: 2024

Alaska calculates child support using Civil Rule 90.3, which applies a percentage of the noncustodial parent's adjusted annual income: 20% for one child, 27% for two, 33% for three, plus 3% for each additional child. For shared custody (each parent has the child at least 30% of overnights), the formula adjusts based on parenting time. Income over $138,000 is excluded unless the other parent shows higher income should apply. The minimum support order is $50/month.

Effective: 2024

This statute governs the establishment, enforcement, and modification of child support orders through the Child Support Services Division (CSSD). CSSD can issue administrative child support orders, establish paternity, locate parents, and enforce support through income withholding, tax refund intercepts, license suspension, and other remedies. Support obligations generally continue until the child turns 18, or 19 if the child is completing high school.

Effective: 2024

The court may award spousal maintenance by considering: length of the marriage and station in life; age and health of each party; earning capacity (education, training, work experience, time out of the workforce); financial condition including health insurance availability; conduct of the parties (especially asset depletion); and the property division award. Alaska has no formula — judges have broad discretion. There are four types: temporary (during proceedings), rehabilitative (for education/training), reorientation (transitional), and permanent (rare, typically long marriages).

Effective: 2024

Either party may petition the court to modify alimony, child custody, child support, or spousal maintenance at any time after judgment. For child support modifications, the adoption of new guidelines or a significant amendment to existing guidelines constitutes a material change in circumstances. The moving party must generally demonstrate a substantial change in circumstances since the original order.

Effective: 2024

The dissolution petition must be filed with the superior court, signed and verified by both spouses (or one spouse in a missing-spouse case). It must detail terms of agreement on custody, child support, visitation, spousal maintenance, and property division. Both spouses must sign each page and the final page must be notarized. The petition may also request a name change for either spouse. Filing fee is $200.

Effective: 2024

After a dissolution petition is filed, the court schedules a hearing no earlier than 30 days after filing — this is Alaska's mandatory waiting period. Both spouses must attend in person (not through counsel) unless one spouse has signed a waiver. The court reviews the agreements to confirm they are fair and just, that both parties understand the terms, and that the property and support arrangements fairly allocate the economic effect of dissolution.

Effective: 2024

While a divorce is pending, either spouse may request temporary orders for: attorney fees and costs (the court must ensure fees don't escalate litigation unnecessarily), temporary spousal maintenance including medical expenses, and child support. The court may also issue protective orders and order mediation or counseling — but cannot order mediation if a domestic violence protective order is in effect or if a party objects due to domestic violence.

Effective: 2024

Within 30 days after a divorce complaint is filed, either party may request mediation, and the court can order it at any time during the case. However, the court cannot order mediation if a domestic violence protective order under AS 18.66.100–18.66.180 is in effect. If mediation is proposed, the victim of alleged domestic violence must consent, and the court must advise both parties of the right to decline without bias to other decisions.

Effective: 2024

Alaska allows legal separation as an alternative to divorce. Either spouse may file a complaint in superior court, and the same grounds that apply to divorce (including incompatibility of temperament) apply to legal separation. A legal separation may be granted only once to the same married couple. Many divorce provisions — including property division, custody, support, and temporary orders — apply to legal separation actions.

Effective: 2024

Victims of domestic violence by a household member can obtain three types of protective orders: emergency (72 hours, requested by police), ex parte (up to 20 days, without notice to abuser), and long-term (up to 1 year, renewable). Long-term orders can include temporary custody of children, child support, exclusive possession of the home, firearm surrender, no-contact provisions, and reimbursement for DV-related expenses. Protective orders directly affect custody proceedings through the presumption at §25.24.150(g).

Effective: 2024

Retirement benefits — including Alaska PERS, TRS, and private plans — are marital property subject to division in divorce. If the judgment distributes retirement benefits, it must meet the requirements of a qualified domestic relations order (QDRO). The alternate payee (usually the ex-spouse) cannot receive benefits until the participant begins receiving them. Rights under a QDRO do not take effect until filed with the plan administrator. The QDRO ideally should be signed at the same time as the divorce decree.

Effective: 2024

Either spouse may request a change of name as part of a divorce or annulment proceeding. The name change is included in the divorce petition and granted in the final decree without needing a separate legal proceeding. A party may request restoration of a prior surname or, in some cases, a name they did not hold before the marriage.

Effective: 2024

In a divorce proceeding, the court may designate which parent may claim the children as dependents for federal and state tax purposes. A parallel provision (§25.24.232) applies to dissolution of marriage cases. This allocation can significantly affect each parent's after-tax income and is typically addressed in the final judgment or dissolution agreement.

Effective: 2024

The court may grant a divorce while reserving certain issues — such as property division or spousal support — for later determination, but only under specific conditions. If a party expressly submits the issue of property division to the court, the court must address it in the judgment and cannot reserve it for later unless the statutory conditions are met. This prevents indefinite delays on critical financial issues.

Effective: 2024