Full question:
It has just been a few years to our marriage and my wife wants to end the marriage. She has already filed a divorce and a maintenance case against me. In Alaska, what are the factors that the court may take into consideration before deciding the amount for maintenance?
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: Alaska
Answer:
In Alaska, in a judgement for divorce, the court may provide an award for maintenance taking into consideration the factors enumerated in Alaska Stat. § 25.24.160. The factors are: (1)the length of the marriage and station in life of the parties during the marriage, (2) the age and health of the parties, (3) the earning capacity of the parties, (4) the financial condition of the parties, (5) the conduct of the parties, (6) other factors the court determines to be relevant in a particular case. The relevant statutory provision in this regard is stated below.Alaska Stat. § 25.24.160 reads:
“(a) In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide
***
(2) 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; an award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors:
(A) the length of the marriage and station in life of the parties during the marriage;
(B) the age and health of the parties;
(C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
(D) the financial condition of the parties, including the availability and cost of health insurance;
(E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;
(F) the division of property under (4) of this subsection; and
(G) other factors the court determines to be relevant in each individual case;”
***
(2) 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; an award of maintenance must fairly allocate the economic effect of divorce by being based on a consideration of the following factors:
(A) the length of the marriage and station in life of the parties during the marriage;
(B) the age and health of the parties;
(C) the earning capacity of the parties, including their educational backgrounds, training, employment skills, work experiences, length of absence from the job market, and custodial responsibilities for children during the marriage;
(D) the financial condition of the parties, including the availability and cost of health insurance;
(E) the conduct of the parties, including whether there has been unreasonable depletion of marital assets;
(F) the division of property under (4) of this subsection; and
(G) other factors the court determines to be relevant in each individual case;”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
