Alaska Marital Settlement (Divorce) Agreement

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An Alaska marital settlement agreement outlines the terms for a divorce by separating the couple’s property, deciding alimony, and setting forth any child support or custody arrangements. The spouses should establish the settlement conditions prior to filing for divorce, but no later than the date of the divorce hearing. Couples often experience disagreements when negotiating terms. As a result, the court may appoint a mediator to oversee the process and assist them in reaching an amicable resolution. The final agreement must be signed by both spouses before it is submitted to the court.

Table of Contents

Divorce Laws

Statutes – Title 25, Chapter 24 (Divorce and Dissolution of Marriage)


Alimony (§ 25.24.160(2)) – The following factors contribute to the court’s decision when assessing the cost and duration of alimony:

  • Length of the marriage;
  • Age and health of the parties;
  • Earning capacity of the couple;
  • Financial capacity of the parties;
  • The separation of property; and
  • Conduct of the parties during the marriage.

Alimony Calculatorcalculators.law

Child Support (§ 25.27.060) – Child support in Alaska is determined by the guidelines located in R. Civ. P. 90.3.

Child Support Calculator – Provided by the Alaska court (Form DR-306).

Division of Property (§ 25.24.160(4)) – The division of property is determined similarly to alimony. Alaska is an equitable distribution state; therefore, marital property is divided into what the judge determines as “fair,” but not necessarily equal.

Grounds for Divorce (§ 25.24.050) – A plaintiff may be able to file for divorce for any of the following reasons:

  • Continued failure to consummate the marriage;
  • Adultery;
  • Felony conviction;
  • Desertion for at least one (1) year;
  • Cruel and inhumane treatment to the other spouse;
  • Incompatible temperament;
  • Habitual drunkenness for at least one (1) year;
  • Drug addiction; and
  • Incurable mental illness.

Interim Support (§ 25.24.140) – During the court proceedings, a spouse may be required to provide financial support to the other until the divorce is final.

Residency (§ 25.24.080) – The plaintiff of the divorce filing must be a resident of Alaska. There is no minimum amount of time required for residency.

How to File for Divorce in Alaska

Divorce Forms

Uncontested Divorce with No Children:

Uncontested Divorce With Children:

An uncontested divorce is one where both spouses agree to end the marriage and consent to the terms for child support, custody, alimony, and the division of assets and debt. These terms must be negotiated between the parties and documented in a Marital Settlement Agreement.

Step 1 – Complete the Complaint for Divorce

The spouse initiating the divorce lawsuit (the plaintiff) needs to complete either an Uncontested Complaint for Divorce with Property and no Children or an Uncontested Complaint for Divorce with Children & Property. With this document, the plaintiff provides the court with important facts about the marriage and outlines the terms of their divorce. Both spouses must sign the form in the presence of a notary public or authorized court member.

Step 2 – Supplementary Paperwork

After the Complaint for Divorce has been filled out and signed, supplementary paperwork must be completed by the plaintiff and prepared for submission to the court. The forms required by the court are as follows:

Step 3 – Child Support and Custody Documents

If the divorce involves minor children, the spouses will need to inform the court of how they intend to handle child support and custody. This information must be stated in a Child Custody Jurisdiction Affidavit and Child Support Guidelines Affidavit. Each spouse must complete these documents separately and sign the forms before a notary public or authorized court member. Next, one (1) Child Support Order must be prepared (the parties must not sign until requested by the court). If the spouses wish to share custody, a Shared Custody Support Calculation will also be completed (only one (1) form is needed).

Step 4 – File for Divorce

The plaintiff must make two (2) copies of each document and file them with a local Superior Court. Additionally, both parties must provide the court with their most recent tax return and pay stubs from the previous two (2) months. The plaintiff will need to pay the filing fee of $250 upon delivering the forms to the court clerk. If unable to afford the fee, the plaintiff can ask for an exemption by filing a Request for Exemption from Payment of Fees, and Order (must be notarized).

Step 5 – Parenting Program

If the divorce involves child custody, the spouses will need to attend a parenting program before the entry of their final decree. The parties must contact their local Superior Court to obtain information about how they can schedule their attendance at this class.

Step 6 – Attend Hearing

A divorce hearing will be scheduled by the court, the date of which will be communicated to the spouses by mail. The parties must attend the hearing and bring with them their Marital Settlement Agreement and additional documents they wish to show the judge. If everything has been agreed upon and the settlement terms have been approved, the judge will sign the Decree of Divorce to terminate the marriage. A copy of the decree will be provided to the spouses by a court clerk.

Step 7 – Name Change

If either spouse requested a name change during the divorce proceeding, the new name may be used after a judge issues a divorce decree. The spouse should update their identification cards and personal accounts by presenting the applicable agencies with their divorce certificate. If a certificate was not previously acquired, it may be obtained by filling an Alaska Divorce Certificate Request Form with the Vital Records Office.

(Video) Alaska Marital Settlement Agreement – EXPLAINED