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Alaska Alimony
Maintenance

In Alaska, alimony is usually referred to as maintenance. According to the Alaska Dissolution Statutes- Sections: 25-24-165, 25.24.230, the court may order temporary or permanent maintenance in a lump sum or periodic installments.

In Alaska, the support award influences the distribution of property. Thus, support may become a very intricate part of the final outcome of any divorce.

When spouses cannot agree, the Superior Court orders support from one spouse to the other on a case-by-case basis.

In awarding spousal support in Alaska, the court employs most of what are called the "Merrill Factors," including the duration of the marriage, the party's age and health, level of education and earning potential, and other "reasonable factors."

Types of Alimony

In Alaska, courts award two types of spousal support. One, rehabilitation support, permits the spouse receiving support to go back to school and train for a new job. Rehabilitative alimony lasts up to four years.

The other, reorientation support, aids the spouse who is left with considerably less than when he or she entered the marriage, or when the division of the community assets cannot meet his or her financial needs. This support is usually for a short duration - a year or less.

Factors Considered by the Court

In Alaska alimony is discretionary. In deciding alimony, the court considers:

  • the length of the marriage and station in life of the parties during the marriage;
  • the age and health of the parties;
  • the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
  • the financial condition of the parties, including the availability and cost of health insurance;
  • the marital conduct of the parties, including whether there has been unreasonable depletion of marital assets;
  • the distribution of property; and
  • other factors the court determines to be relevant in each individual case.

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