Updated March 27, 2024
An Alaska postnuptial agreement, sometimes called a martial agreement, is a contract between two married people that sets out how to distribute marital property in the event the marriage ends in divorce or death. Unlike prenuptial agreements, or prenups, which become effective once a marriage begins, postnuptial agreements are entered into after the marriage has already begun. These agreements provide an element of predictability to divorce proceedings in which judges otherwise have significant discretion when distributing a couple’s assets.
Laws
Validity: Postnuptial agreements are valid contracts.[2]
Enforceability: No statutes explicitly address enforceability requirements for postnuptial agreements in Alaska. Premarital agreements are enforceable when “legally procured and ostensibly fair in result.”[1]