Modifying or Ending Alimony in Alaska

In Alaska, at any time after judgment the court, on the motion of either party, may set aside, alter or modify the part of a judgment that provides for alimony or maintenance (AS 25.24.170(a)). The statute sets no percentage threshold, and it does not say that remarriage ends maintenance automatically.

What the modification statute says

AS 25.24.170(a) says that, subject to AS 25.20.110, at any time after judgment the court, on the motion of either party, may set aside, alter or modify so much of the judgment as provides for alimony, or for the maintenance of either party. The statute does not set a threshold, a formula or a waiting period for that request.

Either party can ask

The motion can come from the spouse receiving maintenance or the spouse paying it. The statute does not say what has to change; the court applies the same just-and-necessary standard that governs the original award in AS 25.24.160(a)(2) and weighs the same kinds of facts.

What the statute does not address

The text of AS 25.24.160 and AS 25.24.170 does not say that remarriage, cohabitation or the recipient’s death ends maintenance automatically, and it does not say whether a lump-sum (in gross) award can be modified. Because those points can turn on the wording of the judgment, a settlement agreement and Alaska court decisions, check them with a licensed Alaska attorney before relying on any assumption.

Temporary maintenance during the case

Maintenance awarded while the case is pending comes from AS 25.24.140(a)(2), which allows reasonable spousal maintenance, including medical expenses, during the action. It is a separate order from the maintenance in the final judgment.

Child support is modified differently

Child support has its own modification rules, including a presumption of a material change when the amount calculated under Civil Rule 90.3 is more than 15 percent higher or lower than the existing order. Alimony has no such percentage test. See the Alaska child support calculator for the child support side.

Property awards are not on the list

The items AS 25.24.170(a) lists are alimony, trustees for the care of minor children, the care and education of children, certain unmarried 18-year-old children still in school, and the maintenance of either party. Property division is not among them, so do not assume a property award can be reopened the same way maintenance can. The property side of a judgment is covered in the Alaska property division calculator.

What to bring when you ask the court to change an award

A motion to modify works from the judgment you already have. Bring the maintenance language of the judgment or settlement, the facts that have changed since it was entered (income, health, employment, living arrangements, insurance costs) and documents that prove them, such as tax returns, pay stubs and insurance statements. Because the statute leaves the standard to the court, a clear comparison of the situation then and now is usually the most persuasive thing you can offer.

Where to start

Read the maintenance language in your judgment, then compare it with the factors in the Alaska alimony calculator.

Frequently asked questions

Can alimony be changed after an Alaska divorce?

Yes. At any time after judgment, the court on the motion of either party may set aside, alter or modify the part of the judgment that provides for alimony or maintenance (AS 25.24.170(a)).

Who can ask to modify alimony in Alaska?

Either party.

Does remarriage end alimony in Alaska?

The statute text we read does not say it ends automatically. Check the wording of your judgment or settlement and ask a licensed Alaska attorney.

Is there a percentage change needed to modify alimony in Alaska?

No percentage test appears in the statute. The 15% presumption in Civil Rule 90.3(h) applies to child support, not alimony.

Can temporary alimony be changed during the case?

Temporary maintenance is awarded under AS 25.24.140(a) during the action, separately from the final judgment.

Official sources

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This is general information, not legal advice. It is based on the cited Alaska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Alaska attorney.