An Alaska postnuptial agreement is a legal document established between spouses after marriage, dictating the division of assets, financial obligations, and other pertinent matters in divorce or separation.
Unlike prenuptial agreements arranged prior to marriage, these arrangements provide couples with an opportunity to address financial matters that may have arisen during the course of their marriage.
Legal Considerations
Title 13 and Title 25 of the Alaska Statutes regulate various aspects of marital and domestic relations.
- Signing Requirements: Both spouses must provide signatures. The presence of a notary public is recommended (Brooks v. Brooks (1987)).
- Dividing Property: The court first identifies assets eligible for distribution, then assesses their respective values, and ultimately determines the most equitable method for allocation (Wanberg v. Wanberg 664 P.2d 568 (1983)).
Asset and Property Rights
Property Ownership
- Any laws that unfairly limit the rights of married people compared to their spouses are no longer valid.
- In cases of unfair deprivation of property or natural rights, a married person can go to court on their own to seek recourse just like their spouse can. [1]
Capacity to Contract
- A married individual retains the capacity to enter contracts and assume liabilities. [2]
- Such contracts and liabilities hold enforceability against or by the individual to the same degree and through the same procedures as if they were unmarried.
Marriage and Divorce
Waiver of Rights
- A surviving spouse can waive their entitlements, such as elective share and allowances, through a written agreement, but the waiver may be unenforceable if proven involuntary or unconscionable. [3]
- Unconscionability is determined by factors such as lack of disclosure and inadequate knowledge. Waivers are decided by the court and, unless specified otherwise, renounce all spousal rights in the other’s property.
