Hey, I’m trying to get a better understanding of how assets are divided in a divorce in Hawaii. I know Hawaii isn’t a community property state, but I’m wondering how things like the house, bank accounts, retirement, and investments are divided. If there’s a sizable inheritance involved (like the husband’s inheritance which was supposed to go for his kids’ college but instead he bought a house with it), how would that be handled? Also, is spousal support just calculated by averaging the husband and wife’s earnings? Like if the husband makes $80k and the wife makes $40k, would spousal support be based on $120k divided by two, meaning the husband pays the wife $20k to make up the difference?
I’ve been wondering this too. From what I know, Hawaii uses ‘equitable distribution,’ so it’s not necessarily a 50/50 split, but they try to make it as fair as possible. They’ll also consider things like health, earning potential, and any bad behavior like hiding assets.
@Ozzie
So, it’s not always 50/50? That’s good to know. Do they factor in the inheritance if it was used for a house and investments?
Dezi said:
@Ozzie
So, it’s not always 50/50? That’s good to know. Do they factor in the inheritance if it was used for a house and investments?
Yeah, inheritance might be treated separately, especially if the person was supposed to use it for something specific. But if it’s mixed with marital assets (like buying a house), it could still be considered.
For spousal support, it’s not based on a straight division of incomes. They consider the need and ability to pay. So the $120k thing isn’t how it works in Hawaii.
Tatum said:
For spousal support, it’s not based on a straight division of incomes. They consider the need and ability to pay. So the $120k thing isn’t how it works in Hawaii.
Got it! So they won’t just divide the total income by two? It’s more about what one person needs and if the other can pay.
@Ellis
Exactly. It’s all about what’s reasonable given the person’s circumstances, not just a simple division of earnings.
It’s tough because Hawaii’s economy is so expensive. So I’m guessing that even if someone was used to living in a house, they might be told to move into something smaller if their income is lower?
Leif said:
It’s tough because Hawaii’s economy is so expensive. So I’m guessing that even if someone was used to living in a house, they might be told to move into something smaller if their income is lower?
Yep, that’s possible. The court will likely look at basic needs, and if one spouse has a higher earning potential, they might have to live with a more modest lifestyle post-divorce.
@Vaughn
That’s kind of harsh, but I guess it makes sense. Hawaii’s real estate is no joke.
Just to confirm, does the spousal support just depend on the need for basic things like rent and food? So if someone makes $40k, they might still need more just to get by?
Teo said:
Just to confirm, does the spousal support just depend on the need for basic things like rent and food? So if someone makes $40k, they might still need more just to get by?
Yes, that’s exactly it. The judge will look at the person’s basic needs and see if they can support themselves with their own income. It’s not just about lifestyle, it’s about survival.
Thanks for all the answers! Looks like it’s all case-by-case and depends a lot on the specifics. I guess I’ll just have to hope for a fair outcome.