{"id":371447,"date":"2016-03-31T21:34:19","date_gmt":"2016-04-01T02:34:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alaska-law\/alaska-marital-property-laws.html"},"modified":"2024-06-04T10:51:53","modified_gmt":"2024-06-04T15:51:53","slug":"alaska-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alaska-law\/alaska-marital-property-laws.html","title":{"rendered":"Alaska Marital Property Laws"},"content":{"rendered":"\n
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Alaska Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Marital property refers to assets acquired during the marriage. Assets brought into the marriage are separate property. Whether a property is separate or community property becomes important twice during a married couple’s existence.<\/p>\r\n

One is when one spouse dies. If a spouse dies, the surviving spouse can receive an elective share of the decedent’s probated estate and non-probate assets, including real property. Alaska probate and estate planning laws<\/a> discuss the division of property after death. Spouses may create a community property trust to avoid probate issues.<\/p>\r\n

Community Property vs. Equitable Distribution<\/b><\/h2>\r\n

State marital property laws<\/a> depend on how they treat separate and community property.<\/p>\r\n

Nine states are community property <\/b>states. These states divide marital property 50\/50 during a divorce case. Unless the parties have a prenuptial or other agreement, courts in states like California total the value of the marital assets and divide everything in half.<\/p>\r\n

The remaining states are common-law states. They use an equitable division system when dividing property. Family law judges consider things like:<\/p>\r\n