Divorce Settlement Agreement - Alaska

DIVORCE SETTLEMENT AGREEMENT

Before you use this: Complete every applicable schedule and the current child support calculation. Signatures do not dissolve the marriage or replace a court decree. Submit the proposed terms to the Alaska Superior Court in the divorce case.

This Agreement is made on [__/__/____] between [SPOUSE A FULL LEGAL NAME] ("Spouse A") and [SPOUSE B FULL LEGAL NAME] ("Spouse B"). They were married on [__/__/____] and have separated or intend to divorce. The pending case is in the Alaska Superior Court, [JUDICIAL DISTRICT], at [CITY], case number [____]. If no case is pending, write "not yet filed": [____].

The spouses wish to resolve the matters listed below and ask the court to include approved terms in its decree. Their exchange of promises is consideration for this Agreement. Court-controlled matters, including custody, support, maintenance, property division, and any later modification, remain subject to the court's authority and applicable law. This Agreement does not itself transfer title to real estate or a retirement benefit.

1. Disclosure and approvals

Each spouse has exchanged the financial information listed in Schedule A, including income, assets, debts, retirement accounts, and the values and valuation dates used for division. Each has had an opportunity to consult independent counsel. Known disputed values, omitted items, pending claims, and required third-party or plan approvals are disclosed in Schedule A. Neither spouse states that an omitted item automatically belongs to the other.

The parties request that the court review and approve the proposed orders. If a material term is not approved, they shall confer on a revised term and submit it to the court; a rejected child-related or support term is not enforceable as a private substitute for the court's order. Dates for performance run from entry of the decree unless a schedule expressly states another lawful trigger.

2. Property and debts

The parties propose the item-by-item division in Schedule B. Alaska law permits the court to divide property, including retirement benefits, under AS 25.24.160(a)(4), using its statutory factors. The schedule states for each item its description, owner or title holder, value, valuation date, proposed recipient, encumbrance, and required transfer document. An animal, if any, is identified separately for the court's consideration.

Each spouse shall sign the deeds, titles, account instructions, and other instruments specified in Schedule B by the dates stated there. A retirement-plan allocation requires the separate order or plan document identified in Schedule B; a label in this Agreement alone does not direct a plan to pay. Until a transfer is completed, each spouse shall preserve the listed item and give the other reasonable access to information needed to perform the transfer.

Each spouse shall pay the debts assigned to that spouse in Schedule C and reimburse the other for amounts the other must pay on an assigned debt after the decree. A creditor's rights are not changed by this private allocation. Any refinance, release, sale, or closing step needed to remove a spouse from a joint obligation is stated with a deadline and fallback in Schedule C.

3. Spousal maintenance

Select one and strike the other:

☐ No proposed maintenance. Neither spouse asks the court to order maintenance under this Agreement.

☐ Proposed maintenance. [PAYOR] shall pay [PAYEE] $[____] on the [____] day of each [MONTH / OTHER PERIOD], beginning [__/__/____] and ending [DATE OR EVENT EXPRESSLY STATED IN DECREE]. Payment method: [____]. Arrears, security, and any agreed review term: [____].

The spouses request the court's determination under AS 25.24.160(a)(2). No unstated remarriage, cohabitation, illness, or other event automatically changes this payment under this Agreement. Any later change must follow the decree and applicable court process.

4. Children, custody, and parenting

☐ The parties have no minor child whose custody or support is addressed here. Skip Sections 4 and 5 and Schedule D.

☐ The parties ask the court to approve the custody and parenting terms in Schedule D for the children listed there. Schedule D identifies legal custody, physical custody, ordinary and holiday schedules, exchanges, communications, travel, safety conditions, and how significant decisions will be made. The proposed arrangement is submitted for the court's best-interests determination under AS 25.24.150(c). The spouses disclose any custody order, protective order, safety issue, or other proceeding affecting a child in Schedule D.

No private change in residence or parenting time automatically changes a court order. A spouse proposing a change shall follow the decree and applicable court procedure. An agreed schedule does not remove the court's duty to address a child's welfare.

5. Child support and child expenses

For each child covered by Section 4, the spouses attach a completed current Rule 90.3 calculation and the income information used, identified in Schedule D. The proposed payor is [____], the proposed monthly amount is $[____], the proposed start date is [__/__/____], and the proposed payment route is [____]. If a deviation is requested, state the proposed amount and facts for the court's Rule 90.3(c) review: [____]. The court's order controls the actual obligation.

Schedule D also states health coverage, allocation of uncovered expenses, child care and other agreed expenses, and the method for exchanging proof and reimbursement requests. A later income exchange is an information duty; it does not recalculate a support order without the required process.

6. Tax, insurance, and other implementation

Schedule E states the proposed treatment of pending tax returns, tax refunds or liabilities, insurance, beneficiary changes, and any child-related tax claim. Each spouse shall sign any separate tax or plan document actually required for an agreed lawful allocation. Neither spouse promises a tax result that a court order or private agreement cannot itself create. The parties will consult tax and plan professionals on the listed items.

Any temporary order remains in effect until changed by the court. Neither spouse may use self-help offsets against court-ordered support or parenting obligations under this Agreement. Each may ask the court for relief available under applicable law; this Agreement creates no automatic contempt finding, attorney-fee award, injunction, arbitration requirement, or limit on a child's support.

7. General terms and signatures

Alaska law governs this Agreement. Changes must be written and signed by both spouses and submitted for court approval where the decree or law requires it. If the court declines one term, the remaining terms may be performed only to the extent they remain workable and lawful; the parties shall seek court direction where needed. This Agreement and its completed schedules state the parties' proposed settlement; they do not supersede an existing court order.

Spouse A signature: ______________________________ Date: [__/__/____]

Printed name and address: [________________________________]

Spouse B signature: ______________________________ Date: [__/__/____]

Printed name and address: [________________________________]

Schedule A — disclosures and unresolved matters

Schedule B — property and transfer steps

Schedule C — debts and release steps

Schedule D — children, parenting, and support

Children and dates of birth: [____]. Existing orders and proceedings: [____]. Legal custody: [____]. Physical custody and regular schedule: [____]. Holidays and school breaks: [____]. Exchanges and communication: [____]. Decision making and safety terms: [____]. Rule 90.3 calculation attachment and income date: [____]. Health coverage and uncovered-expense allocation: [____]. Child care and other expenses: [____].

Schedule E — taxes, insurance, and closing documents

Tax returns, credits, and required separate forms: [____]. Insurance and beneficiary changes: [____]. Deeds, vehicle titles, plan orders, and other closing documents: [____]. Person responsible and deadline for each: [____].