Quick answer: Alaska divides property acquired during the marriage, including retirement benefits, “in a just manner and without regard to which of the parties is in fault” (AS 25.24.160(a)(4)). The statute sets no percentage. A court can also invade property a spouse owned before the marriage when the balancing of the equities requires it. Alaska is not a default community property state, but spouses can opt in with a community property agreement or trust under AS 34.77.
What the Alaska statute says
- Property covered. The court divides the parties’ property, including retirement benefits, whether joint or separate, acquired only during the marriage.
- Earlier property. The court may invade property, including retirement benefits, that either spouse acquired before the marriage when the balancing of the equities between the parties requires it.
- No fault. The division is made without regard to which party is at fault, but the conduct factor covers unreasonable depletion of marital assets.
- Nine factors. Length of the marriage and station in life; age and health; earning capacity; financial condition, including health insurance; conduct; the desirability of awarding the family home, or the right to live in it for a reasonable period, to the parent with primary physical custody of the children; the circumstances and necessities of each party; the time and manner of acquisition of the property; and the income-producing capacity of the property and its value at the time of division.
- Conveyances. The judgment may require a party to assign, deliver or convey real or personal property, including retirement benefits, to the other party.
How the calculator works
You enter what each spouse holds and owes, the retirement benefits earned during the marriage and any property from before the marriage, and you choose a share for the illustration. The calculator adds up the divisible estate, shows each spouse’s share at that percentage and the equalizing payment needed to get there, and lets you test what happens if the court invades earlier property. Because Alaska sets no percentage and no cap on retirement benefits, nothing on this page predicts what a judge will order. The reasoning behind each input is in how Alaska divides property, marital versus separate property and the marital home and buyouts.
Property and maintenance are linked
The property division is one of the factors for maintenance, and the maintenance factors repeat several of the property factors. The two are usually decided together; see the Alaska alimony calculator.
Property division across Alaska
The statute applies in every Alaska court, from Anchorage, Fairbanks, Juneau, Wasilla, Kenai or Ketchikan. If a party expressly submits the issue of property division to the court and has not withdrawn it, the court must divide the property in the judgment and may not reserve it for later unless the conditions of AS 25.24.155 are met. During the case, the court can restrain a spouse from disposing of marital property without permission or a court order (AS 25.24.140(b)).
Frequently asked questions
Is Alaska a community property state?
Not by default. Alaska divides property acquired during the marriage in a just manner under AS 25.24.160(a)(4). Spouses can opt in to community property with a community property agreement or trust under AS 34.77.
Does Alaska split property 50/50 in a divorce?
Not by rule. The statute calls for a just division based on nine factors and sets no percentage.
Can my spouse take half of my retirement in an Alaska divorce?
Retirement benefits acquired during the marriage are divided along with other property in a just manner. The statute sets no percentage and no cap, and plan benefits divided by the judgment must meet the requirements of a qualified domestic relations order.
Is property I owned before marriage divided in Alaska?
Generally the statute covers property acquired during the marriage, but the court may invade property, including retirement benefits, that a spouse acquired before the marriage when the balancing of the equities between the parties requires it.
Who gets the house in an Alaska divorce?
The statute lists, as one factor, the desirability of awarding the family home, or the right to live in it for a reasonable period, to the party with primary physical custody of the children.