Alaska Statutes AS 25.24.160
Recommended:
Domestic violence during marriage constituted changed circumstances, overriding prenuptial agreement that barred spousal support. Confirms that serious misconduct (violence) can impact maintenance even in no-fault state.
Court affirmed modification denial where payor retired at 58 voluntarily; retirement must be reasonable and not a tactic to avoid support.
Cohabitation alone does not terminate maintenance; payor must show financial interdependence.
For any divorce agreement finalized after December 31, 2018, spousal support is NOT deductible by the payor and NOT taxable income to the recipient.
Tax Cuts and Jobs Act (IRC ยง71)
Alaska is a no-fault divorce state. Adultery or general misconduct does NOT affect support. However, economic misconduct (wasting marital assets, hiding income) can result in adjustments to maintenance to compensate the other spouse.
AS 25.24.160; Hanson v. Hanson
Rehabilitative support is typically capped at 4 years (48 months) unless disability or extraordinary circumstances exist. The recipient must present a specific plan for education or training.
AS 25.24.160(a)(2)
Yes, but the court examines reasonableness. Retirement at 65+ is generally reasonable. Early retirement (before 62) to avoid payments may be denied modification.
Smith v. Smith (1998); Jones v. Jones (2023)