Hawaii HI AI draft

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Hawaii law:

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

Statute / Authority

Citation: Haw. Rev. Stat. §580-47 ↗

Source: https://www.capitol.hawaii.gov/hrscurrent/

Source & verification AI draft

Citation

Haw. Rev. Stat. §580-47

Source URL

https://www.capitol.hawaii.gov/hrscurrent/

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Reference Library

Hawaii Property Division

Hawaii's §580-47 gives the family court jurisdiction over the parties' entire estate — community, joint, or separate — to be divided as appears just and equitable after weighing the statute's six considerations: respective merits, relative abilities, the condition each party is left in, burdens for the children's benefit, concealment or nondisclosure of assets or violation of a restraining order, and all other circumstances. Hawaii case law applies a partnership model that typically begins from equal division of marital partnership property, with equitable deviation — a doctrine of the courts, not a statutory 50/50 rule.

Citation: Haw. Rev. Stat. §580-47

Source: https://www.capitol.hawaii.gov/hrscurrent/

Last updated: 2026-07-23T00:37:19.658674