Marital Legal Separation and Property Settlement Agreement where Minor Children and No Joint Property or Debts and Divorce Action Filed - Alaska 2025

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Some couples dont want to get divorced for religious reasons, personal beliefs, or financial reasons. For example, they stay married to keep a spouse or domestic partner on an insurance or benefit plan. Sometimes a spouse files a legal separation because they dont yet qualify for a divorce.
1. AGREE A DATE OF SEPARATION. The first thing you should do is to note, your date of separation. This date is important because it calculates any time limits you have to bring a property settlement claim and make a divorce application.
Since your marriage is still intact in the eyes of the law, you cannot remarry while you are legally separated. You will have to get divorced before you can marry someone else. If you die while you are legally separated, your ex may still have the right to receive part of your estate or retirement savings.
Ambiguity often is an inherent part of trial separations. You may be uncertain how to act around your partner, what you should and shouldnt be doing, and when and how the separation should end. You may minimize some ambiguity if you use a legal separation agreement.
A trial separation gives you time and space to clear your head before attempting to sort through marital issues. Time to sort through personal issues. Its easy to forget your own needs and priorities in a marriage.
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A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
The law allows for the court to issue a Decree of Legal Separation for a married couple when they want to separate but stay legally married to protect significant religious, financial, social or legal interests.

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