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the burdens imposed upon either party for the benefit of the children of the parties.the condition in which each party will be left by the divorce.

The court must consider several factors, including: This means the courts will decide what is fair and equitable, but it may not be an equal 50/50 split. Once these determinations have been made, Hawaii uses equitable division as a means of determining who gets what. A couple can also create a prenuptial or post-nuptial agreement that identifies separate property. This also applies to gifts and inheritances, as long as those assets are not commingled. Generally, property acquired before marriage or after the date of separation is considered separate. How is the Division of Property Handled in a Hawaii Divorce?īefore property can be divided in a Hawaiian divorce, it must be determined which property belongs to both spouses and which property is separate. Filing procedures, forms and processes may vary from island to island, so be sure to do your homework in advance depending on where you want to file your case. However, adultery will have no influence on these things. Marital debts are also treated in a similar fashion.Ĭhild support is determined by the Income Shares Method, which means the incomes of both spouses are taken into consideration as the primary factor when reaching a child support decision.Īlimony can also be granted, but courts have more leverage in deciding how much it should be and for how long.Īlthough substance abuse and domestic violence can’t be cited as official reasons for divorce, they can influence child custody and other parts of your case. The court must consider several factors before approving how assets are divided. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. You must be a resident of the state for at least six months prior to filing, and a resident in the county where you’re filing for at least three months.Ĭourts in Hawaii divide assets according to equitable distribution. Hawaii is strictly a no-fault state, meaning that all you must do is cite irreconcilable differences for your divorce to be granted. Overview of the Basic Divorce Laws in Hawaii How is alimony (spousal support) decided?.What happens to gifts and inheritances?.How do retirement plans and pensions get divided?.How is the division of property handled?.