Divorce & Property Division

Protecting your financial interests in Hawaii.

Divorce in Hawaii is governed by Hawaii Revised Statutes § 580-47, which gives the Family Court on Maui broad discretion to divide property, award alimony in Hawaii, and make other financial determinations when a marriage ends.

Hawaii is not a community property state. Instead, the court applies principles of equitable distribution, meaning marital assets and debts are divided fairly, though not necessarily equally, based on the facts of each case.

Hawaii Divorce Laws on Property Division

Under HRS § 580-47, the Family Court has authority to divide:

  • Marital property and debts

  • Separate property under certain circumstances

  • Real estate, including the marital residence

  • Retirement accounts, pensions, and other deferred compensation

  • Business interests and professional practices

The Family Court considers multiple factors when dividing property, including:

  • The duration of the marriage

  • The appreciation in value of assets during the marriage

  • Assets brought into the marriage

  • Gifts or inheritances received during the marriage

  • Any prior orders or agreements

  • Any other factor the court finds just and equitable

Property division cases—especially on Maui, where real estate values are high—can be complex and highly fact-specific.

Alimony in Hawaii (Spousal Support)

HRS § 580-47 also authorizes the court to award alimony in Hawaii (spousal support) when appropriate. There is no automatic entitlement to spousal support in Hawaii. Instead, the court evaluates factors such as:

  • The length of the marriage

  • The standard of living established during the marriage

  • The age, health, and earning capacity of each spouse

  • Each party’s financial resources and needs

  • The ability of one spouse to meet their own needs while supporting the other

Spousal support may be temporary, rehabilitative, or long-term, depending on the circumstances.

No-Fault Divorce in Hawaii

Hawaii is a no-fault divorce state. A divorce may be granted upon a showing that the marriage is irretrievably broken. However, certain conduct may still be relevant when the court evaluates financial issues or child custody issues.

Why an Experienced Maui Divorce Attorney Matters

Divorce cases in the Maui Family Court are shaped not only by statute, but by judicial discretion and local practice. Strategic presentation of evidence, financial analysis, and settlement positioning can significantly affect outcomes involving:

  • Property division

  • Alimony in Hawaii

  • Child custody

  • Long-term financial stability

An experienced Hawaii family law attorney can help you navigate these issues, protect your interests, and work toward a resolution that secures your future.

Frequently Asked Questions

  • Yes. Hawaii divorce laws allow for divorce based on the breakdown of the marriage, without requiring either spouse to prove wrongdoing. While fault is generally not required to obtain a divorce, certain conduct may still be considered by the court when addressing financial issues under HRS § 580-47 or child custody issues under HRS § 571-46.

  • Hawaii follows equitable distribution principles, not community property principles. Under HRS § 580-47, the Family Court divides property in a manner it considers fair and equitable based on the circumstances of the marriage. This does not always mean a 50/50 split.

  • The Family Court divides:

    • Marital property and debts

    • Real property, including the marital home

    • Retirement accounts and pensions

    • Business interests

    • In some cases, separate property

    Because Hawaii divorce laws allow consideration of both marital and separate assets, property division can be especially complex.

  • Not necessarily. In Hawaii, the title to property is not controlling. The court focuses on the source of the property, appreciation in values, and fairness under HRS § 580-47, rather than whose name appears on the deed or account.

  • There is no automatic formula for alimony in Hawaii. The court considers factors listed in HRS § 580-47, including:

    • Length of the marriage

    • Standard of living during the marriage

    • Income, earning capacity, and financial needs of each spouse

    • Age and health of the parties

    Spousal support may be temporary, rehabilitative, or long-term depending on the facts.

  • The timeline varies depending on whether you are filing a contested vs. uncontested divorce. Uncontested divorces may be resolved relatively quickly, while contested divorce cases involving complex financial or custody issues can take significantly longer. Court scheduling also affects timing.

  • To file for divorce in Hawaii, the petitioning spouse must be living here at the time the complaint is filed. Jurisdiction and venue issues can be important, particularly when one spouse lives outside Maui or outside Hawaii.

  • Yes. Many divorces are resolved through negotiation, mediation, or settlement conferences. However, when agreements cannot be reached, the Family Court has authority under HRS § 580-47 to decide unresolved issues after a trial.

  • Divorce outcomes in Hawaii depend heavily on judicial discretion and proper presentation of evidence. An experienced Maui family law attorney understands local court procedures, judges, and how HRS § 580-47 is applied in practice, especially in cases involving real estate, long-term marriages, or significant assets.

Contact

At August Law, Samuel maintains a small book of clients to ensure that each case receives the individualized attention necessary to achieve a successful outcome. To inquire about availability, please fill out the form located below.