Alaska Alimony / Spousal Support

Alaska alimony is the periodic payment, usually monthly, made from one spouse to the other. It is also referred to as spousal support or maintenance. In Alaska, the legal term is called spousal support. According to Alaska code Sec. 25.24.140. Orders during action, the court has the power to order spousal support to be paid prior to the divorce becoming final. In order to receive support during the pendency of the case a motion asking for Interim Spousal Support must be filed.

In some situations, alimony that is ordered during the action for divorce will continue after the divorce is finalized. In most cases, the court will order alimony for a limited amount of time and a specific purpose.

Types of Alimony Awarded in Alaska

Two types of Alaska spousal support are rehabilitative support and reorientation support.

Rehabilitation support is money that is to be used for job training or schooling. The idea behind rehabilitation alimony is that the money will be used to get the skills necessary to work and become self-sufficient. However, if the money is not used for school, the court has the power to take it away. To get rehabilitation alimony the court will need to be informed of the work goal, how the school or training program meets that goal, and how long it will take to finish the education process. Rehabilitation support is available for the reasonable time it takes to finish a degree program. This is usually for up to four years.

The second type of Alaska alimony is "reorientation support." This type of alimony helps the person get accustomed to living on less money than when they were married. Reorientation alimony is usually paid for a short period of time, possibly up to a year and usually when the division of marital property does not meet one party's needs. An example of reorientation support would be to give one party temporary money while waiting to sell the marital residence.

If seeking reorientation alimony it is necessary to show the court why the division of property will not be sufficient to meet the requesting party's needs. Reasons could include the inability to work, if one spouse earns a lot more money than the other does, if one spouse stopped working to raise the children, or if one spouse has not worked in many years.

The court can order both types of alimony depending on the individual facts of the case.

Alimony Factors:

The court will determine if alimony is necessary and whether it is fair. The court looks at various factors for both parties involved. These factors include:

In order to receive Alaska alimony it must be asked for it in the divorce complaint. This request can be made in the "other" section of the FLSHC divorce complaint.

Alaska statutes Chapter 25.24. DIVORCE AND DISSOLUTION OF MARRIAGE can be found here: http://www.legis.state.ak.us/basis/folio.asp

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