Valuation and Cutoff Dates for Retirement Accounts in Alaska: Separation, Filing or Decree
In an Alaska retirement division, the statute counts benefits acquired during the marriage and names no separation or filing cutoff. The court weighs the time and manner of acquisition and the value at the time of division.
What date does Alaska use to stop counting retirement benefits?
The statute divides property, including retirement benefits, acquired only during the marriage (AS 25.24.160(a)(4)). We found no Alaska statute that names the date of separation or the date of filing as a cutoff. Among the factors, the court looks at the time and manner of acquisition and the value of the property at the time of division, so the end date can matter to both. The Alaska pension division calculator lets you test any service-month count you choose.
When is the property valued?
One listed factor is the income-producing capacity of the property and the value of the property at the time of division (25.24.160(a)(4)(I)). The statute does not say which day that is for a retirement account, so a settlement or the court order should name the valuation date and each account’s value on it.
Why does the time and manner of acquisition matter?
It is a statutory factor, and it is how a spouse shows that part of a benefit was earned before the marriage or by other means that favors an unequal division (25.24.160(a)(4)(H)). The court may also reach premarital property, including retirement benefits, when the equities require it.
What must the parties file before trial?
In a divorce with a property dispute, unless the court orders otherwise, the parties file and serve a table five days before trial that lists each asset and liability, whether each is claimed as marital or separate, its value and the proposed disposition (Civil Rule 90.1(e)). A pension should appear with its start date, the dates of the marriage and a recent statement.
Can an Alaska court postpone dividing the pension?
Not easily. If a party expressly submits property division to the court and does not withdraw it before judgment, the court must divide the property and may not reserve it unless each party agrees on the record or a party shows good cause and the statutory protections for the other side are met (25.24.160(c); 25.24.155).
Does an Alaska dissolution agreement set the dates?
It can. In a dissolution the spouses must agree on the distribution of property including retirement benefits, and the court must find the agreement fair and just and consider the factors in 25.24.160(a)(2) and (4) (25.24.200(a)). Put the valuation date and the share in the written agreement.
How does the pension fit with the rest of the Alaska estate?
A retirement benefit is one asset in the property division, which is also affected by maintenance and by the family home factor; see the Alaska property division calculator and the Alaska alimony calculator. Awarding a pension share can reduce the other property the court awards, and the reverse.
What should the paperwork say?
- The dates the marriage started and the benefit started.
- Each account and its value on a stated date.
- Whether gains and losses after that date are shared.
- The plan’s order requirements, such as a qualified domestic relations order.
- A redacted copy of any order that shows Social Security numbers.
Frequently asked questions
What is the cutoff date for retirement in an Alaska divorce?
The statute counts property acquired during the marriage and names no separation or filing cutoff.
When is an Alaska retirement account valued?
The statute lists value at the time of division as a factor; name the date in your agreement or order.
Do Alaska spouses file a property list before trial?
Yes. A table of assets, liabilities, values and proposed dispositions is due five days before trial.
Can an Alaska court delay the pension division?
Only if each party agrees on the record or a party shows good cause and the statutory protections are met.
Can Alaska spouses agree on the cutoff in a dissolution?
Yes, the written agreement must be fair and just and consider the statutory factors.
Official sources
- AS 25.24.160: judgment, property and retirement benefits
- AS 25.24.200: dissolution, including retirement benefits
- Alaska Rules of Civil Procedure: Rule 90.1
- 10 U.S.C. 1408: military retired pay in divorce
- 26 U.S.C. 414(p): qualified domestic relations orders
- 29 U.S.C. 1056(d)(3): ERISA domestic relations orders
- AS 25.24.155: reservation of issues
A local family law attorney can review your situation — many offer a free consultation.
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.