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Alaska R. Civ. P. 26.1

Discovery and Disclosure in Divorce and Legal Separation Actions

activein force · 2006-10-15 – presentact-effective-date

(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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