Alaska Alimony and Spousal Support Laws
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Alaska does not favor granting alimony. Rather the courts prefer to grant lump sum payments or divide the assets to make up for imbalance during the divorce proceedings. In this way, they prevent future litigation. Alaska courts will grant alimony in some situations.
Types of Spousal Support
- Temporary – alimony that is awarded prior to the final divorce, upon filing divorce papers.
- Short-Term – alimony that is awarded for a limited period of time, generally to rehabilitate the receiving party.
- Long-Term or Permanent – alimony awarded for an extended amount of time. This generally occurs only for long-term marriages where there is an imbalance of earning capacity and assets.
Who is Eligible for Alimony in Alaska
Parties who have been married and are seeking a divorce in Alaska may seek alimony. The court has discretion and will make decisions on a case-by-case basis.
Alaska Alimony Guidelines (Factors for Awarding Alimony)
Alaska courts will consider the following to determine eligibility for alimony:
- Length of marriage and standard of living during the marriage;
- Age and health of parties;
- Earning capacity, including education, training, skills, experience, absence from job market, and responsibility for children;
- Financial condition of parties; and
- Any other factors the court finds relevant.
Reasons for Termination or Modification of Alimony in Alaska
Any change in circumstances can be grounds for termination or modification under Alaska law. Remarriage or cohabitation are grounds for termination. The party who seeks modification must petition the court, filing the necessary paperwork and providing proof of changed circumstances.
Marital Fault in Alaska
Fault is not used as a factor in awarding alimony by Alaska courts. Alimony is meant to help one party recover financially after divorce. It can be awarded for a limited or indefinite amount of time, in a lump sum payment or in installments. It is possible to file a divorce based on fault of one party.
How Long Does Spousal Support Last in Alaska?
Spousal support lasts for as long as the court directs in Alaska. Termination or modification is available for long-term support due to changed circumstances at the discretion of the court.
Alaska Alimony Taxes
Court ordered alimony payments may be deducted by the paying party on federal income tax forms. Also, the payee must claim alimony payments as income.
Find an Alimony Attorney in Alaska
Discuss your rights with a divorce attorney. It is vital to protect your assets whether you think you may be eligible for alimony or may be required to pay alimony. A lawyer will advocate on your behalf and make the process of divorce smoother.