Marriage

A couple holding hands

Marriage creates several legal rights and responsibilities.  For example, as a married person, you have a right to:

  • share in benefits your spouse may earn (like health care insurance, retirement benefits, Social Security benefits, military and veterans’ benefits);
  • inherit from your spouse;
  • own real estate and bank and investment accounts in a form (called tenancy by the entirety) that passes automatically to the surviving spouse if one spouse dies;
  • make medical and other kinds of decisions for your spouse if your spouse cannot do so; and
  • file joint tax returns, which may save you taxes.

You also have responsibilities to your spouse and to any child born during the marriage.  All money you earn or property you buy during the marriage belongs to both you and your spouse.  This is called marital property.  Marital property does not include property that you owned before the marriage, or that you inherit or receive as a gift during your marriage.  This is called separate property. But separate property can become marital property, if you and your spouse mix it together and treat it like marital property.

If you have a child with your spouse, both of you are responsible for the child’s basic needs – food, shelter, clothing, medical care and education – even if one parent does not live with the child or have contact with the child.

Alaska law allows marriage between one man and one woman or between two individuals of the same gender.  To get married in Alaska, you must be 18 or older or be on active duty in the United States Armed Forces.  However, you can get married at 16 or 17 if both of your parents  sign a consent form and the person you marry is no more than 3 years older than you.  You do not need to be an Alaska resident or have legal status in the United States to get married in Alaska.

You cannot marry if you are already married, even if you or your spouse has filed for a divorce or dissolution.   All divorces must be final.  You also cannot marry someone who is closely related to you by blood.  You must consent to be married.

At least three days before you plan to get married, either you or your fiancé must apply to get a marriage license from the Bureau of Vital Statistics. The Bureau of Vital Statistics has offices in Juneau, Anchorage, and Fairbanks.  View the Health Analytics and Vital Records website for the license form and instructions.  If you or your fiance is under 18, call the Alaska Bureau of Vital Statistics at (907) 465-3391 for additional instructions before completing the application.  Once issued, the license allows you to be married within three months after you get the license.  No blood test or physical exam is required to get a marriage license.

If you do not have a valid Social Security number, you can leave that question on the marriage license blank. You and your fiance must sign the marriage license before any notary public (including at the court or the Vital Records office) or postmaster.

The marriage ceremony must be performed by a minister, a priest, a rabbi, the principal leader of a religious organization, or a marriage commissioner.  A marriage commissioner can be a friend or relative you choose to perform your marriage ceremony.  A marriage commissioner must be at least 18, and must fill out a form at the courthouse to be appointed.  A marriage commissioner does not have to be an Alaska resident or be from the United States.  Many state courts also have staff that can marry you if you cannot find a marriage commissioner. Visit the Alaska Court System website for more information.

One other person who must be 18 years of age or older must serve as a witness. (Prior to 2022, two witnesses were required).  Both the person solemnizing the marriage and the witness must confirm that each party agrees to marry the other.   Both must write their printed names, phone numbers, mailing addresses and email addresses on the marriage license.

After the marriage ceremony, the person who performed the ceremony or the couple must return the completed marriage license with signatures to the Health Analytics and Vita Records. This must be done within seven days after the ceremony.   If you or your spouse is under 18, that person is considered to be of the age of majority upon being married.  

How do I get a marriage certificate? 

To prove you are married you will need a marriage certificate. You can get one by filing a Marriage Certificate Request form online or by mailing or going in person to an Alaska Bureau of Vital Statistics Office and paying a fee. You can find the form and instructions at their website.  It can sometimes take about 30 days to get a marriage certificate.  You will need a certified copy of a marriage certificate if you want to add your spouse to financial documents (e.g. bank account, life insurance, investment account, utility accounts) or insurance documents (e.g. car, health, homeowners), if you want to change your name, and for some immigration applications. 

How do I change my name after I get married?

You are not required to change your name if you get married. If you want to change your name after marriage, request a certified copy of your marriage certificate from Alaska Vital Records. The certificate can be used as proof that your last name is now the last name of your spouse, and is accepted by the DMV, Social Security Administration, passport agencies, banking institutions, insurance, retirement plans, and other organizations.  Note that if you wish to change your middle name, you must file a separate Petition for Name Change with the superior court. You can find the form and instructions for doing so here.