An Alaska prenuptial agreement is a written contract two people sign before marriage to decide how property and debts are handled if the marriage ends in divorce or death. State law treats it as a contract made upon consideration of marriage, so it is unenforceable unless it is in writing and signed.[1]
A prenup can also waive a spouse's inheritance rights, such as the right of election and the homestead allowance.[2.1] It cannot settle child custody or child support ahead of time. Fill out the free prenup template below, then review and sign it with your partner.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current state law. If you notice an error or outdated information, please contact us.
Three sets of rules shape a prenup in this state. Case law sets the test a judge uses to enforce a prenup in a divorce. The probate code controls when a spouse can give up the rights they would have at the other spouse's death.[2.1] The statute of frauds sets the signing rules.[1]
Prenup and premarital agreement are two names for the same document. A postnuptial agreement is different because a couple signs it after the wedding.
A contract made upon consideration of marriage is unenforceable unless it is in writing and signed by the party charged.[1] The party charged is the spouse the prenup is later enforced against, so both of you should sign. A waiver of inheritance rights must be a written contract, agreement, or waiver signed by the spouse who gives up those rights.[2.1]
Neither rule requires a notary or witnesses.[1] Notarizing the signatures is optional, but it gives you a record of who signed and when.
Share full financial information before you sign. Attach a list of each partner's assets, income, loans, and debts, with the value of each, so both of you can review it and make an informed decision.
In Brooks v. Brooks, 733 P.2d 1044 (Alaska 1987), the state Supreme Court held that prenuptial agreements are not void as against public policy. The justices pointed to three questions for judging whether a prenup is valid in a divorce:
A prenup usually covers the money side of a marriage. You can decide in advance how you will own, manage, and split property if you divorce. You can also decide whether each spouse keeps the inheritance rights the law gives a surviving spouse.[2.1] Common terms include:
A prenup cannot decide child custody or child support in advance. A judge decides those issues based on the child's situation at the time of the divorce.
A surviving spouse has several rights in the estate of a spouse who dies. A prenup can waive the right of election and the rights to a homestead allowance, exempt property, and a family allowance.[2.1] The waiver can cover all of these rights or only some, and it can be signed before or after the marriage.[2.1]
Be careful with broad wording. Unless the prenup says otherwise, a waiver of "all rights" gives up each spouse's elective share, homestead allowance, exempt property, and family allowance in the other's property.[2.7] It also gives up anything a spouse would inherit without a will, or under a will signed before the waiver.[2.7]
A will signed after the waiver is not caught by that rule. If you still want to leave your spouse something, sign a new last will after the prenup.[2.7]
A judge can refuse to enforce a prenup that one partner signed under pressure, that was unfair from the start, or that hid assets or debts. A waiver of inheritance rights has its own test in the statute. A surviving spouse's waiver is not enforceable if that spouse proves either of these grounds.
For the second ground, the spouse must show that before signing, they:
Missing disclosure alone does not defeat a waiver of inheritance rights. The spouse must also prove the waiver was unconscionable when signed, and all three failures above must apply.[2.5]
An issue of unconscionability of a waiver is for decision by the court as a matter of law.
That means a judge, not a jury, decides whether the waiver was unconscionable.[2.6]
Not automatically. Judges here must divide marital property and debt in a fair and equitable way, and for a marriage of some length that often means a 50-50 split. A judge can still give one spouse more or less than half.[3] A prenup lets you and your partner agree on a different division.
Alaska is not one of the community property states that split marital property equally by default. Married couples who want community property rules can opt in by signing a community property agreement.
Judges follow a three-step process, which the state Supreme Court described in Wanberg v. Wanberg, 664 P.2d 568 (Alaska 1983):
Marital property is generally any property or debt acquired during the marriage for the benefit of the marriage.[3] Premarital assets, gifts to one spouse, and inheritances are generally separate property, and separate property is not divided.[3] A premarital asset can still become marital if the spouses treat it as shared.[3]
To decide what is fair and equitable, the judge considers the factors listed in AS 25.24.160. They include:[3]
Couples can make a prenup in four steps, from listing their finances to signing the final document. Follow them in order so your prenup meets the writing and signature rules and gives each of you the disclosure a judge looks for.
Unless noted otherwise, the sources below are from the Alaska Statutes.