AK · rules
Alaska R. Civ. P. 26.1
Discovery and Disclosure in Divorce and Legal Separation Actions
(a) Generally. This rule governs the information that
must be disclosed by the parties in a divorce or legal separation
case and the time when other discovery methods may be used.
Discovery and disclosure in divorce and legal separation
actions are otherwise governed by Civil Rule 26(a)(4) through
(e), Civil Rules 27 through 37, and Civil Rule 90.1.
(b) Initial Disclosures.
(1) In all divorce and legal separation actions, a party
shall, without awaiting a discovery request, provide to the
other party:
(A) the legal description and street address of all real
property, wherever located, in which either party has an
interest, together with all appraisals, tax assessments, and
broker’s opinions regarding each such property obtained
within the last two years;
(B) a signed and dated release, valid for six months from
the date of signature, authorizing the other party to obtain all
earnings and employee benefit information (including but not
limited to health insurance, cashable leave, stock options, and
perquisites or in-kind compensation such as employer provided
housing or transportation benefits) from the party’s current
employer;
(C) a signed and dated release, valid for six months from
the date of signature, authorizing the other party to obtain all
pension, retirement, deferred compensation, and profit sharing
information from any plan in which the party is a participant or
has accrued benefits;
(D) a listing of all accounts in banks, credit unions,
brokerages, and other financial institutions on which the party
has been a signatory within the past two years and in which the
party has a personal or business interest, together with a signed
and dated release, valid for six months from the date of
signature, authorizing the other party to obtain all information
regarding such accounts;
(E) copies of account statements for the past three
months for all accounts listed in subparagraph (D);
(F) a listing of all outstanding debts together with written
documentation or an account statement from each creditor
indicating the principal balance currently owed and the
payment terms;
(G) a listing by description and location of all personal
property with a current fair market value over $100 in which
either party has an interest, together with all appraisals, tax
assessments, and broker’s opinions regarding each such
property obtained within the last two years;
(H) the most recent statements and reports from financial
institutions or other sources pertaining to investments in which
the party has an interest (including but not limited to stocks,
bonds, certificates of deposit, IRAs, life insurance, and
annuities);
(I) federal tax returns filed by the party or on the party’s
behalf, including all schedules and attachments (W-2 forms,
1099 forms, etc.) for the past three years, together with all
year-end tax documentation (W-2 forms, 1098 forms, 1099
forms, extension requests, etc.) for the most recent tax year in
the event that return has not yet been filed;
(J) pay stubs, vouchers, or other similar proof of income
from all sources for the past two months, including but not
limited to salaries and wages, overtime and tips, commissions,
interest and dividends, income derived from self-employment
and from businesses and partnerships, social security, veterans benefits, worker’s compensation, unemployment compensation, Alaska Temporary Assistance Program
(ATAP), Supplemental Security Income (SSI), disability
benefits, Veteran Administration benefits, income from trusts
or from an interest in an estate (direct or through a trust), and
net rental income;
(K) an itemized list by description and location of all
assets and debts listed above in (A) through (H) which the
party considers non-marital and the basis for the non-marital
designation;
(L) a description of the party’s current medical coverage,
including but not limited to the name of the provider, the
policy or group number, the monthly cost of the policy, the
names of family members currently covered by the policy, and
whether any family members are eligible for other medical
coverage, such as Medicare, Medicaid, Indian Health Service,
or military medical benefits; and
(M) any other information or documentation required by
local order.
(2) Unless otherwise permitted by the court, these
disclosures shall be made within forty-five days after the filing
of the answer. A party shall make its initial disclosures based
on the information then reasonably available to it and is not
excused from making its disclosures because it has not fully
completed its investigation of the case or because it challenges
the sufficiency of another party’s disclosures or because
another party has not made its disclosures.
(c) Scope and Timing of Discovery.
(1) Scope. The disclosures mandated by subsection (b)
are intended to provide minimum base information.
Subsection (b) does not limit the scope or amount of discovery
parties may properly request in a divorce or legal separation
action.
(2) Timing. Discovery in a divorce or legal separation
case may take place at the times allowed by Civil Rule
26(d)(2).
History
(Adopted by SCO 1325 effective July 15, 1998 and amended by SCO 1596 effective October 15, 2006)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5109fcb541ac5fb4532bc0841bcaf16d48ae806fe8455c832b1361a06e5131f4
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