Alaska Divorce Law: The Basics
During a marriage, spouses manage their finances and raise their children according to their personal values and family traditions. Unless one or both of them decide to end the marriage, it is unlikely that they will become familiar with Alaska divorce law. But if you are reading this post, you are probably interesting in learning about the legal framework, which guides a family lawyer in representing divorce clients.
A divorce case can be divided into property, custody and support issues. This post offers some general information about the division of property in a divorce case. The process of dividing property in a divorce case is referred to as "equitable distribution." Under Alaska law all property and debts spouses acquiring during marriage are subject to being divided between them when they divorce. In the case of property, it does not matter how it is titled or whether only one spouse’s earnings were used to purchase the property. If the property was acquired while the spouses were married and before they permanently separated, it is subject to being divided when they divorce. Similarly, if a debt was acquired while the spouses were married, the balance of the debt at the time the spouses permanently separate will be included in the list of property and liabilities, which have to be allocated between the spouses. There are a couple of exceptions to this general rule including property acquired by gift or inheritance. But depending on how the spouses handled this property during the marriage, the “immunity” generally afforded property acquired by gift or inheritance may be lost. If you have gifted or inherited property, you should be sure to discuss this property with your divorce attorney.
If you are interested in paths to divorce other than the traditional civil divorce lawsuit, you may want to visit the South Carolina Family Law Blog's post about on-line videos, which have short presentations about the changing landscape of divorce.
