DIVORCE SETTLEMENT AGREEMENT
(Alaska – Comprehensive Template)
[// GUIDANCE: This template is drafted to comply with Alaska Stat. § 25.24.150–.170 (2024) (custody, support, and property division) and Alaska R. Civ. P. 90.3 (2024) (child support). Customize bracketed items, attach required schedules, and delete guidance comments prior to filing.]
TABLE OF CONTENTS
- Document Header & Recitals
- Definitions
- Operative Provisions
3.1 Property Division
3.2 Spousal Support (Alimony)
3.3 Child Custody & Parenting Plan
3.4 Child Support
3.5 Allocation of Marital Debts
3.6 Tax Matters
3.7 Insurance & Benefits - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
7.1 Mutual Indemnification
7.2 Limitation of Liability
7.3 Force Majeure - Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER & RECITALS
1.1 Parties.
This Divorce Settlement Agreement (“Agreement”) is entered into by and between [Full Legal Name, Address] (“Spouse A”) and [Full Legal Name, Address] (“Spouse B”) (each, a “Party,” and collectively, the “Parties”).
1.2 Effective Date.
This Agreement becomes effective on [Month Day, Year] (“Effective Date”) upon execution by both Parties and approval by the [Alaska Superior Court, Family Division, County of ______] (the “Court”).
1.3 Jurisdiction & Governing Law.
This Agreement is governed by the domestic relations laws of the State of Alaska, including but not limited to Alaska Stat. § 25.24.150–.170 and Alaska R. Civ. P. 90.3 (collectively, “State Family Law”). The Court retains exclusive jurisdiction over enforcement and modification.
1.4 Recitals.
A. The Parties were lawfully married on [Date] in [Location].
B. Irreconcilable differences have led to the breakdown of the marriage, and the Parties wish to resolve all marital rights and obligations.
C. The Parties enter into this Agreement in consideration of their mutual promises, intending that it be incorporated into any Decree of Dissolution or Divorce issued by the Court.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms carry their ordinary meaning under State Family Law.
“Alimony” – Court-recognizable spousal support under Alaska Stat. § 25.24.160.
“Child(ren)” – The minor child(ren) of the marriage: [List full names & dates of birth].
“Marital Assets” – All property acquired during marriage subject to equitable division under Alaska Stat. § 25.24.160(a)(4).
“Separate Property” – Property proven to be separately owned under applicable law.
“Parenting Plan” – The mutually agreed schedule and decision-making framework in Section 3.3.
“Support Guidelines” – Alaska R. Civ. P. 90.3 child support calculations.
[Add additional defined terms as needed.]
3. OPERATIVE PROVISIONS
3.1 Property Division
3.1.1 Equitable Distribution. The Parties stipulate that the division of Marital Assets set forth in Schedule A is equitable under Alaska Stat. § 25.24.160 and that each Party waives any claim to property allocated to the other.
3.1.2 Transfer Mechanics. Title transfers shall be executed within [30] days of the Effective Date. Each Party shall execute all deeds, assignments, or other instruments necessary to effectuate the transfers.
3.1.3 Retirement Assets. Qualified Domestic Relations Orders (“QDROs”) shall be prepared by [Party / Jointly-Selected QDRO Specialist] within [60] days and submitted to the Court for approval.
[// GUIDANCE: Attach a detailed asset schedule listing real property, bank accounts, vehicles, retirement plans, personal property, etc.]
3.2 Spousal Support (Alimony)
3.2.1 Form & Amount. [Spouse A/B] shall pay [monthly/annual] Alimony of [$___] commencing [Date] for [__] months.
3.2.2 Termination Triggers. Alimony terminates upon the earliest of (i) recipient’s remarriage or cohabitation for more than [30] consecutive days; (ii) either Party’s death; or (iii) court-approved modification.
3.2.3 Tax Treatment. If consistent with federal law at the time of payment,Alimony payments shall be treated as [taxable/non-taxable] to the recipient and [deductible/non-deductible] to the payor. The Parties acknowledge potential changes in federal tax law and agree to cooperate in any necessary amendments.
3.3 Child Custody & Parenting Plan
3.3.1 Legal & Physical Custody. The Parties agree that it is in the best interests of the Child(ren) (Alaska Stat. § 25.24.150) that:
(a) Legal Custody: [Joint / Sole to Spouse A / Sole to Spouse B]
(b) Physical Custody: [Primary to Spouse A with visitation to Spouse B / Shared-Equal] in accordance with the Parenting Plan attached as Schedule B.
3.3.2 Decision-Making. Major decisions regarding education, health care, religion, and extracurricular activities shall be made [jointly / by the parent with legal custody].
3.3.3 Relocation. A parent intending to relocate the Child(ren) outside [___] miles or the State of Alaska shall provide [60] days’ prior written notice and follow Alaska Stat. § 25.24.150(c).
3.3.4 Holiday & Vacation Schedule. See Schedule B.
[// GUIDANCE: Include detailed weekly, holiday, and vacation schedules; specify transportation responsibilities and communication protocols.]
3.4 Child Support
3.4.1 Guideline Amount. Child support shall be calculated pursuant to Alaska R. Civ. P. 90.3. Based on current incomes (Spouse A: $; Spouse B: $), [Spouse A/B] shall pay [$___] per month, effective [Date], via the Child Support Services Division (“CSSD”).
3.4.2 Health Insurance. [Spouse A/B] shall maintain comprehensive medical, dental, and vision coverage for the Child(ren). Uncovered expenses shall be allocated []% to Spouse A and % to Spouse B.
3.4.3 Annual Exchange of Income Information. Each Party shall exchange tax returns and W-2/1099 forms by [April 15] annually for recalculation.
3.4.4 Emancipation. Support terminates upon a Child’s emancipation under Alaska law, unless otherwise agreed.
3.5 Allocation of Marital Debts
3.5.1 Debt Schedule. The debts listed in Schedule C shall be allocated as indicated. Each Party shall hold the other harmless and indemnify (Section 7.1) against debts assigned to that Party.
3.5.2 Refinancing. The obligated Party shall refinance or otherwise remove the other Party’s name from any joint debt within [___] days of the Effective Date.
3.6 Tax Matters
3.6.1 Filing Status. The Parties shall file [joint/separate] federal and state tax returns for tax year [Year].
3.6.2 Dependency Exemptions and Credits. Beginning tax year [Year], the Parties shall alternate the dependency exemption for each Child, with [Spouse A] claiming in even-numbered years and [Spouse B] in odd-numbered years, subject to IRS rules.
3.6.3 Indemnity for Prior Returns. Each Party shall indemnify the other for inaccuracies on any tax return they prepared or filed.
3.7 Insurance & Benefits
3.7.1 Life Insurance. Each Party shall maintain life insurance in the face amount of [$___], naming the Child(ren) (or a trust for their benefit) as primary beneficiary(ies) until the youngest Child turns eighteen (18) or graduates high school, whichever is later.
3.7.2 COBRA / Health Continuation. [If applicable] Spouse B may elect COBRA coverage at personal expense; Spouse A shall provide timely notification of rights.
4. REPRESENTATIONS & WARRANTIES
4.1 Capacity. Each Party represents that (i) they are of legal age and sound mind, (ii) they have had the opportunity to seek independent legal advice, and (iii) no undue influence or duress induced execution of this Agreement.
4.2 Full Disclosure. Each Party warrants full disclosure of all assets, liabilities, and income. Failure to disclose material information constitutes an Event of Default (Section 6.1).
4.3 Authorization. Each Party has full authority to enter into and perform this Agreement; no third-party consent is required.
5. COVENANTS & RESTRICTIONS
5.1 Confidentiality. The Parties shall keep the terms of this Agreement confidential except as required for enforcement, tax, or financial purposes.
5.2 Non-Disparagement. Neither Party shall disparage the other in the presence of the Child(ren) or on social media.
5.3 Parenting Cooperation. The Parties shall (i) communicate civilly regarding parenting matters, (ii) avoid scheduling conflicts, and (iii) promote the Child(ren)’s relationship with the other parent.
6. DEFAULT & REMEDIES
6.1 Events of Default. A Party’s failure to perform any material obligation (including support payments, property transfers, or custody provisions) constitutes an “Event of Default.”
6.2 Notice & Cure. The non-defaulting Party shall provide written notice specifying the default. The defaulting Party has [15] days to cure monetary defaults and [30] days for non-monetary defaults.
6.3 Graduated Remedies.
(a) Self-Help & Offset – After cure period, the non-defaulting Party may offset monies owed up to [$___].
(b) Court Enforcement – The Parties may petition the Court for enforcement, contempt, or modification.
(c) Attorney Fees & Costs – The prevailing Party is entitled to reasonable attorney fees and costs incurred enforcing this Agreement.
7. RISK ALLOCATION
7.1 Mutual Indemnification
Each Party (“Indemnitor”) shall indemnify, defend, and hold harmless the other Party (“Indemnitee”) against any losses, liabilities, or expenses arising from (i) debts or obligations allocated to the Indemnitor under this Agreement, and (ii) the Indemnitor’s breach of representations, warranties, or covenants. Indemnification is capped as set forth in Section 7.2.
7.2 Limitation of Liability
The Parties’ aggregate liability to one another under this Agreement is limited to the value of their respective Marital Assets received. Neither Party shall be liable for punitive or consequential damages.
7.3 Force Majeure
A Party is excused from performance (other than child support) for the duration of any event beyond reasonable control, including natural disasters, serious illness, or military deployment, provided prompt written notice is given and reasonable efforts are made to resume performance.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by State Family Law.
8.2 Forum Selection. Exclusive venue lies with the Alaska Superior Court, Family Division, [County].
8.3 Limited Arbitration.
(a) Scope. Non-custodial financial disputes not exceeding [$___] may, by written mutual consent, be submitted to binding arbitration under the Alaska Uniform Arbitration Act.
(b) Exclusions. Custody, visitation, child support, and restraining orders are non-arbitrable.
(c) Procedure. Unless otherwise agreed, the Parties shall select a single arbitrator within [15] days; Alaska Rules of Evidence shall apply.
8.4 Injunctive Relief / Restraining Orders. Either Party may seek emergency injunctive relief, including protective or restraining orders, from the Court without violating Section 8.3.
8.5 Jury Waiver. Not applicable; family-law matters are tried without a jury under Alaska court practice.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment is effective unless in a writing signed by both Parties and, where required, approved by the Court. No waiver of any breach constitutes a waiver of subsequent breaches.
9.2 Assignment. Personal rights and obligations hereunder are non-assignable absent written consent and Court approval.
9.3 Successors & Assigns. This Agreement binds and benefits the Parties and their heirs, executors, administrators, personal representatives, and permitted assigns.
9.4 Severability & Reformation. If any provision is unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to comply with law.
9.5 Integration. This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements or representations, written or oral, regarding the subject matter.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures and facsimiles are binding to the same extent as original signatures under Alaska’s Uniform Electronic Transactions Act.
9.7 Headings. Headings are for convenience only and do not affect construction.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Divorce Settlement Agreement as of the Effective Date.
| Spouse A | Spouse B |
|---|---|
| _______ | _______ |
| [Name] | [Name] |
| Date: _______ | Date: _______ |
NOTARY ACKNOWLEDGMENT
State of Alaska )
) ss.
Judicial District )
On this ___ day of ____ 20__, before me, the undersigned Notary Public, personally appeared [Spouse A] and [Spouse B], known to me or satisfactorily proven to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.
Notary Public in and for Alaska
My commission expires: _____
SCHEDULE A – Property Division
[Attach detailed asset list with fair-market values and distribution.]
SCHEDULE B – Parenting Plan & Custody Schedule
[Attach weekly, holiday, vacation, transportation, communication, and decision-making protocols.]
SCHEDULE C – Debt Allocation
[Attach creditor name, account number (last four digits), balance, responsible Party, and refinance deadline.]
[// GUIDANCE: File this Agreement with the Petition or Joint Petition for Dissolution. The Court may require additional Alaska-specific forms (e.g., DR-105, DR-306). Verify current filing fees and procedural rules.]