Types of Alimony in Alaska

Alaska’s statute provides for maintenance for a limited or indefinite period, in gross (a lump sum) or in installments, as may be just and necessary and without regard to fault. Temporary maintenance can be awarded while the case is pending.

One statute, one kind of award: maintenance

Alaska’s divorce statute uses the word maintenance. AS 25.24.160(a)(2) lets the court provide “for the recovery by one party from the other of an amount of money for maintenance, for a limited or indefinite period of time, in gross or in installments, as may be just and necessary without regard to which of the parties is in fault.” Labels such as rehabilitative, reorientation or permanent support are ways lawyers describe how long and why an award is made, not separate categories in the statute.

Limited or indefinite

The statute lets the court choose a limited period or an indefinite one. It does not say when each is appropriate; the court decides from the facts, using the factors in the statute. For how that plays out, see how long alimony can last in Alaska.

In gross or in installments

Maintenance can be a lump sum (“in gross”) or periodic payments (“in installments”). Because the property division is itself one of the factors, a court can address a spouse’s needs partly through how the marital property is divided; see the Alaska property division calculator.

Maintenance while the case is pending

During the action, a spouse may, on application and in appropriate circumstances, be awarded reasonable spousal maintenance, including medical expenses, along with attorney fees and costs that reasonably approximate the actual fees and costs of prosecuting or defending the case (AS 25.24.140(a)).

Maintenance after judgment

The same section of the statute that governs the judgment says the court may provide for maintenance in the judgment or at any time after judgment, and AS 25.24.170(a) lets the court alter or modify the part of a judgment that provides for alimony or maintenance on the motion of either party. What that allows is covered in modifying alimony in Alaska.

Evidence that speaks to each factor

The statute lists the factors, so the documents that matter are the ones that speak to them: the marriage date and the date of filing (factor A); ages and health information for each spouse (B); education, training, work history, résumés, any time out of the job market and who cared for the children (C); insurance premiums and the cost of coverage if a spouse loses employer coverage in the divorce (D); account statements that show whether marital assets were spent unreasonably (E); and an inventory of the marital property showing how it is likely to be divided (F). Nothing in the statute turns these into a number, so the same facts can support different outcomes in different courtrooms.

See where your facts fall

The Alaska alimony calculator lines up the first four statutory factors for your marriage. It does not estimate an amount, because the statute sets none.

Frequently asked questions

What types of alimony does Alaska have?

The statute provides for maintenance, for a limited or indefinite period, in gross or in installments. Temporary maintenance can also be awarded while the case is pending.

Does Alaska have rehabilitative alimony?

The statute does not use that label. It allows maintenance for a limited or indefinite period, and a court can set a limited period when the facts support it.

Is alimony in Alaska based on fault?

No. Maintenance is awarded without regard to which party is at fault, though the court considers the conduct of the parties, including depletion of marital assets.

Can alimony be paid as a lump sum in Alaska?

Yes. The statute allows maintenance in gross.

Can I get spousal support during an Alaska divorce?

Yes. During the action a spouse may be awarded reasonable spousal maintenance, including medical expenses, under AS 25.24.140(a).

Official sources

Going through a divorce or custody case in Alaska?

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Talk to an Alaska attorney

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.