Going through a divorce in Hawaii? Money questions probably top your list of worries. Alimony is usually one of the biggest ones.
Here’s the good news. Hawaii’s alimony rules are not as scary as they sound. Stick with me, and you’ll understand exactly how this works by the end of this article.
What Is Alimony?
Alimony is money one spouse pays the other after a divorce. People also call it spousal support or maintenance. It’s meant to help the lower earning spouse get back on their feet.
Honestly, alimony surprises a lot of people. There’s no magic formula in Hawaii. A judge looks at your whole situation before deciding anything.
Wondering if you’ll get alimony, or have to pay it? Keep reading. We’ll break it all down step by step.
Basic Alimony Laws in Hawaii
Who Can Ask for Alimony
Either spouse can request alimony in Hawaii. It doesn’t matter if you’re the husband or the wife. The law treats both sides the same.
You can ask for alimony while your divorce is still pending. This is called temporary alimony. You can also ask for it as part of your final divorce decree.
Sound complicated? It’s actually pretty simple. You just need to show the court you have a real financial need.
How Judges Decide Alimony
Hawaii uses a law called HRS Section 580-47. This law gives judges a list of factors to think about. There is no set formula or calculator.
A judge will look at how long you were married. They’ll check both spouses’ income and ability to earn money. They’ll also think about your age, health, and lifestyle during the marriage.
Here’s where it gets interesting. Judges also look at whether property was already split unevenly. If one spouse got more assets in the divorce, that can lower or replace an alimony award.
One thing many people don’t know? Marital misconduct doesn’t count. Even if your spouse cheated or acted badly, that will not change the alimony decision.
Types of Alimony in Hawaii
Temporary Alimony
Temporary alimony is also called pendente lite support. That’s just a fancy Latin term for “while the case is pending.” Basically, it covers your bills during the divorce process itself.
This type of support comes from HRS Section 580-9. A judge can order it fairly quickly, often within 30 to 60 days after you file a motion. It’s meant to keep both spouses afloat until the divorce is final.
Temporary alimony amounts vary a lot by case. Some reports suggest payments often range between $500 and $4,000 a month, with higher amounts more common in Honolulu. Your actual number depends on income, needs, and the standard of living during the marriage. Always check with a local attorney for numbers specific to your case.
Permanent or Long Term Alimony
Don’t let the word “permanent” fool you. It doesn’t always mean forever, honestly.
This type of alimony is decided at the end of the divorce. It’s usually reserved for longer marriages, especially when one spouse can’t easily support themselves. Age, health problems, or years away from the workforce often play a role here.
A common rule of thumb floating around is one year of alimony for every three years of marriage. This isn’t an official law though. Judges have full discretion, so your case could look totally different.
Permanent alimony usually ends if the recipient remarries. It also ends when either spouse passes away. Trust me, this detail matters a lot when you’re planning your finances.
Penalties and Consequences
So what happens if you don’t pay court ordered alimony? This part is serious, so stay with me.
If you skip payments, your ex can take you back to family court. The judge can hold you in contempt of court. Think of it like ignoring a traffic ticket, except the consequences get much bigger over time.
Contempt can lead to fines. It can also lead to jail time in some cases. The court can also garnish your wages, meaning money gets pulled straight from your paycheck.
The court can also put a lien on your property. That means you can’t sell certain assets until you pay what you owe. Basically, ignoring an alimony order is not a good plan.
Special Circumstances
Changing an Alimony Order
Life changes. Hawaii law knows that, so alimony orders can be modified later.
You’ll need to show a “substantial and material change” in circumstances. Job loss counts. So does a serious illness or a big pay raise. Either spouse can ask the court to review the payment amount.
This one’s honestly pretty fair, in my opinion. Alimony isn’t supposed to be locked in stone forever if your life looks totally different five years later.
Taxes and Alimony
Here’s something people often get wrong. Alimony used to be tax deductible for the person paying it. That changed with a federal tax law update back in 2018.
For divorces finalized after December 31, 2018, alimony is no longer tax deductible for the payer. It’s also not counted as taxable income for the person receiving it. This applies across the whole country, not just Hawaii.
Residency Requirements
You can’t just move to Hawaii and file for divorce the next day. Generally, you or your spouse must have lived in Hawaii for at least six months before filing. This rule comes from HRS Chapter 580.
Not sure where to file? You’ll usually file in the judicial circuit where you live, or where you and your spouse last lived together.
How to Handle an Alimony Case
Wondering what you should actually do right now? Let’s walk through it together.
First, gather your financial documents. This means pay stubs, tax returns, bank statements, and a list of monthly expenses. Judges want real numbers, not guesses.
Second, think honestly about your future needs. Can you support yourself right away? Or will you need time to get job training or find steady work? Be realistic here.
Third, consider mediation before heading to court. Hawaii’s Family Court even offers a free monthly class called Divorce Law in Hawaii. It covers custody, property, and alimony basics in about an hour.
Finally, talk to a family law attorney. Alimony cases can get complicated fast. A good lawyer can help you understand what a judge might actually decide in your specific situation.
Frequently Asked Questions
Does Hawaii guarantee alimony in every divorce?
No. Alimony is never automatic in Hawaii. A judge decides based on need, ability to pay, and several other factors listed in state law.
How long does alimony last in Hawaii?
There’s no fixed timeline. It depends on the length of your marriage and your specific circumstances, and a judge has broad discretion over the duration.
Can alimony be changed after the divorce is final?
Yes. Either spouse can request a change if there’s a major shift in income, health, or other life circumstances.
Does cheating affect alimony in Hawaii?
No. Hawaii courts do not consider marital misconduct, like cheating, when deciding alimony amounts.
What happens if my ex stops paying alimony?
You can go back to family court and ask a judge to enforce the order. This can lead to wage garnishment, fines, or even jail time for the non paying spouse.
Final Thoughts
Alimony in Hawaii really comes down to fairness and flexibility. There’s no strict formula, which can feel confusing at first. But it also means judges can tailor decisions to your real life situation.
Now you know the basics of how Hawaii handles spousal support. Stay informed, keep your paperwork organized, and when in doubt, talk to a local family law attorney.
References
- Hawaii Revised Statutes Section 580-47, Alimony Factors: https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0580/HRS_0580-0047.htm
- Hawaii State Judiciary, Divorce Law in Hawaii Program: https://www.courts.state.hi.us/self-help/divorce/divorce_law_in_hawaii
- Hawaii State Judiciary, Facts About Getting a Divorce in Hawaii: https://www.courts.state.hi.us/self-help/divorce/divorce_facts
- WomensLaw.org, Hawaii Divorce and Alimony Overview: https://www.womenslaw.org/laws/hi/divorce
- Coates Frey & Hackett, Alimony and Spousal Support in Hawaii: https://www.coatesandfrey.com/financial-matters/alimony/
