Here Is What You Need To Know About Spousal Support In Alaska

Will I have to pay spousal support?

The male/female earning potential today is much different than it was years ago; women today often earn the same and sometimes more than their spouses.

But, that’s not always the case. There are plenty of households where men are the primary or sole breadwinners, leaving many to wonder whether they have to pay alimony if they divorce.

The answer is: it depends.

The good news is that the state of Alaska does NOT favor awarding any party spousal support in a divorce, but instead prefers to handle support via distribution of a couple’s marital assets.

If a couple does not have sufficient assets to satisfy the distribution to meet both parties’ needs, the court may award spousal support to the lesser earning party.

• (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;

A common example involves a stay at home spouse who did not earn income from a paycheck but handled the household domestic responsibilities. She may need financial support for living expenses, job retraining, further education, health insurance costs, etc.

A judge will determine how much alimony will be paid based on a number of factors, such as your earning capacity.

Fortunately, if a judge orders you to pay spousal support, it is most likely only temporary. The support is not likely to last more than a few years.

However, there are instances where alimony payments must be made on a permanent basis. If your spouse is unable to become self-sufficient due to a medical issue, disability or age, you may be required to pay support until her death.

For help with spousal support in a divorce, please contact us today.

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