Hawaii Divorce Property Division

What the Law Says

Hawaii courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Hawaii's §580-47(a) authorizes the family court to divide the estate of the parties — “whether community, joint, or separate” — as “shall appear just and equitable.” The statute enumerates six considerations: the respective merits of the parties; the relative abilities of the parties; the condition in which each party will be left by the divorce; the burdens imposed upon either party for the benefit of the children; concealment of or failure to disclose income or an asset, or violation of a restraining order; and all other circumstances of the case. Hawaii case law overlays a marital-partnership model that generally starts from an equal division of marital partnership property subject to equitable deviation — that equal starting point is judge-made doctrine, not a statutory mandate.

Division Factors (Haw. Rev. Stat. §580-47)

What Hawaii courts weigh:

1. Respective merits of the parties (§580-47(a))
2. Relative abilities of the parties
3. Condition in which each party will be left by the divorce
4. Burdens imposed upon either party for the benefit of the children
5. Concealment of or failure to disclose income or an asset, or violation of a restraining order issued under §580-10
6. All other circumstances of the case

Common Questions