Alimony in Hawaii, also referred to as SPOUSAL SUPPORT or SPOUSAL MAINTENANCE, is an amount of money which the Family Court has ordered one divorcing spouse to pay to the other. Typically, this was support paid from a husband to wife, however there is nothing restricting an alimony claim by a husband to receive support from his wife. In the past, alimony, particularly wives receiving support from husbands, was fairly commonplace. In more modern times however, the family courts around the country have scaled back on awards of alimony.
Alimony in Hawaii is not automatically awarded by the Court. Instead, the Court, when considering a claim for alimony by one of the parties, considers at a list of factors, outlined by statute. These factors include:
Hawaii Revised Statutes, section 580-47(a). If a Court determines that alimony should be awarded to a party, the Court will again look to the above factors to determine the AMOUNT and DURATION of the alimony award. Unlike child support, there is NO formula or specific calculation for alimony.
Because of the numerous factors set forth above, and the fact that the ultimate decision about alimony (if it should be awarded, how much, and for how long) lies in the authority of a Family Court Judge, projecting alimony with exactness is very difficult. However, an experienced family law attorney may be able to give you an idea of what the alimony result would be in a particular case.
Typically, alimony is paid in monthly or semi-monthly (twice a month) installments, either paid directly from the payor to the payee, or using the Child Support Enforcement Agency (CSEA) to handle the payments. If alimony payments go through CSEA, the Agency will typically be receiving the payments directly from the payor’s paycheck each pay period. In certain cases however, if the circumstances justify (such as if the paying party does not have much income, but a large amount of assets), the Court may instead order a LUMP-SUM alimony payment.
he duration of alimony in Hawaii is determined on a case-by-case basis and is not set by a rigid formula. For shorter marriages, rehabilitative alimony might only last for a few years to allow a spouse to gain new skills for employment. For longer marriages, permanent or reimbursement alimony could last significantly longer, sometimes until the receiving spouse remarries or either spouse passes away. The court’s primary goal is to ensure a fair and just outcome based on the specific circumstances of the divorce.
Due to the Tax Cuts and Jobs Act of 2017, for any divorce or separation agreements executed after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse, nor are they considered taxable income for the receiving spouse at the federal level. Hawaii state tax law generally aligns with these federal changes. However, tax laws can be complex, and it is always recommended to consult with a legal professional regarding your specific financial situation.
This is one of the most common questions clients ask. Hawaii is a “no-fault” divorce state, which means the court does not require a reason like adultery or misconduct to grant a divorce. When determining alimony, the court’s decision is based on the 13 statutory factors, which are primarily financial and relate to the needs of the spouses, their ability to pay, and the standard of living during the marriage. Marital misconduct like cheating is generally not one of these factors and typically does not impact the amount or duration of an alimony award.
The main exception is if the misconduct had a direct and significant negative financial impact on the marital assets—for example, if a spouse spent a large amount of money on an affair. In such a specific case, the court might consider that financial waste when dividing property or determining support. It’s crucial to discuss the specific details of your situation with an experienced attorney.
Alimony in Hawaii is dependent on many factors. If you would like to speak with experienced Hawaii divorce attorneys about potential alimony, e-mail us or give us a call at (808) 593-2199 to set up a consult.
