ATTORNEYS AT LAW

1009 W 7TH AVENUE

ANCHORAGE, ALASKA 99501

TELEPHONE: (907) 279-4529

When seniors divorce, one of the most important issues is generally the division of property. The court is required to examine the ages and the health of divorcing couples in determining how to divide marital property. This article discusses the method of legal analysis approved by the Alaska Supreme Court which courts must follow in determining property dispositions.

Property division in Alaska is a three step process. The first step is to determine the specific property available for distribution. Second, the court must determine the value of all property available for distribution. Finally, the court must determine the most equitable allocation of the property between the parties, beginning with the presumption that the most equitable division of the property is an equal division.

Marital Assets are generally to be valued as close as possible to the date of trial. The court must divide marital property pursuant to the following factors:

1. The respective ages of the parties and their normal life expectancy

2. Their earning ability in the type of work for which they are qualified by training and experience

3. The duration of the marriage and the conduct of each party during the marriage

4. Their station in life

5. The circumstances and necessities of each

6. Their health and physical condition

7. Their financial circumstances

8. The time and manner of the acquisition of the property in question

9. The value of the property and its income producing capability, if any

10 Any other factors bearing on the equities, and

11. The psychological warfare of a party.

If you are undergoing a divorce, it may be wise to consult with an attorney who can answer your questions regarding your rights. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed.

The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW). This article is not intended to provide legal advice and should not be relied on for that purpose.