In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not a sufficient means to offer support, a judge might order alimony, which is also known as spousal support. Alimony is financial allowance paid by one spouse to another on a scheduled basis. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a spouse who does not earn wages, or is paid at a lower rate than the other spouse.

To be eligible for alimony, spouses in all states, including Alaska, must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. In Alaska, alimony awards lack the enforcement power that child support orders have, which include wage garnishment and property liens. Recipient spouses do, however, have the option of returning to court to force payment through a contempt action.

There are two types of spousal support in Alaska: rehabilitation support and reorientation support. Depending on the circumstances, a court can elect to order both. In Alaska, spousal support needs to be requested in the divorce complaint. If a spouse wishes to receive support before the divorce finalized, they must file a motion for interim support. In Alaska, spousal support awards are not indefinite, and they typically do not last longer than four or five years.

Rehabilitation support is meant to pay for education or training to help the recipient spouse become self-sufficient. If rehabilitation support is not used for that purpose, the court may take it away. In most cases, the recipient of rehabilitation support will need to tell the court what their educational and careers goals are, where they plan to go to school, and how long it will take them to finish. Rehabilitation support is usually given for the reasonable amount of time it takes to complete a college degree—typically four years.

Reorientation support is awarded to a spouse to help them transition into living on less income than was available to them during their marriage. The time frame under which reorientation support is paid is usually one year at the most. It is commonly awarded when the division of marital property has not yet met one spouse’s needs, such as while waiting to sell the family home.

The type and amount of alimony awarded depends on a variety of factors.  Many states, including Alaska, base their alimony award guidelines on the federal Uniform Marriage and Divorce Act, which recommends that courts consider the following factors when awarding alimony:

• The age, physical condition, emotional state, and financial condition of the former spouses
• The length of time the recipient would need for education or training to become self-sufficient
• The couple's standard of living during the marriage
• The length of the marriage
• The ability of the payer spouse to support the recipient and still support himself or herself

For more information on Alaska’s laws regarding spousal support, go to the Alaska Court system self-help center website.