Alimony or spousal support is defined as payments that are paid in regular, cyclical installments from one ex-spouse to another. Such payments are generally associated with divorce or legal separation. As part of the divorce proceeding, the judge may determine that one party should pay the other monthly support. These payment amounts help to cover necessities such as food, clothing, and shelter and are separate from any payments for child support made due to the circumstances of child custody. They may help the recipient become financially stable after the divorce or separation. This is especially common in cases where one party was very dependent on the other for living expenses.
In Hawaii, to be eligible for alimony, spouses must have been legally married. Alimony is decided either by a agreement between the spouses or by the court. Once the petitioner requests alimony during the divorce proceeding, the court looks at different factors to determine whether the petitioner should receive alimony as a part of the divorce.
In Hawaii, the amount of alimony depends on a list of factors that is determined by the court:
- Financial resources of the parties
- Length of the marriage
- Ability of receiving spouse to meet his or her needs
- Job occupation of both spouses
- The couples standard of living during marriage
In Hawaii, there is no set formula when deciding alimony. The court looks at the above factors and decides the mount of alimony and the duration of alimony.
Alimony or spousal support is paid until the other spouse has a way to support himself or herself. If the agreement made does not have a termination date, the payments must continue to be paid until the court decides that no payments are required. Usually spousal support comes to an end when the other spouse has developed enough skills to support himself or herself or remarries. Alimony payments can always be modified depending on the paying spouses ability to make the payments. Like most other states, alimony in Hawaii terminates upon remarriage of the receiving party.
In Hawaii, alimony is requested during the divorce proceeding. When you file for divorce, you must also petition for spousal support and maintenance or alimony. Alimony is not a given in a divorce case. Once it is requested by a spouse, the court will look at different factors to determine whether the petitioner should receive alimony as a part of the divorce.
Getting a divorce and requesting alimony can be a complicated process and you may need assistance from a experienced divorce or family lawyer. Your lawyer can help you file a request for alimony, termination of alimony, or other types of requests. A qualified attorney in your area can provide you with the legal assistance that is needed to finalize your case.
Every state has different alimony laws. You may wish to a local Hawaii family lawyer to help you file and petition for alimony or spousal support. An experienced family law attorney can explain how the laws in your state may apply to your case.