In the state of Hawaii, eligibility for alimony, otherwise known as spousal support will depend on a variety of different factors. The term alimony refers to payments that are made from one spouse to the other after a divorce.
In determining whether or not an individual qualifies for alimony, the family court will take into account situations in which the spouses have unequal earning power and spouses that have been married for a specified amount of time.
A family court judge will also assess one spouse’s financial need against whether the other spouse has the ability to pay alimony. Overall, the purpose of alimony in Hawaii is to equalize the financial resources of a divorcing couple. As such, alimony will not automatically be awarded in every case.
It is important to note that if both parties agree to a private alimony arrangement, they can present their agreement to a Hawaii family law court. For example, if a couple participates in mediation, they may reach a mediated settlement agreement where one spouse agrees to pay a specified amount of spousal support to the other party for a specified period of time.
Importantly, any agreement for alimony must be approved by the court to ensure that it meets the state’s legal requirements.
In accordance with Hawaii Revised Statutes § 580-47, when making the determination of whether or not a person qualifies for alimony, a Hawaii family court judge will consider all of the following factors:
- Financial resources of the parties;
- Ability of the party seeking support and maintenance to meet his or her needs independently;
- Duration of the marriage;
- Standard of living established during the marriage;
- Age of the parties;
- Physical and emotional condition of the parties;
- Usual occupation of the parties during the marriage;
- Vocational skills and employability of the party seeking support and maintenance;
- Needs of the parties;
- Custodial and child support responsibilities;
- Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance;
- Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made; and
- Probable duration of the need of the party seeking support and maintenance.
How Much Alimony Can You Receive in Hawaii?
Once again, there is no set amount regarding alimony that may be ordered. However, judges will follow Hawaii alimony laws when calculating the amount of alimony to order, if any. If alimony is requested during a divorce proceeding in Hawaii, a family court judge will evaluate each alimony request on a case-by-case basis.
When determining the amount of spousal support in Hawaii, a judge will consider all of the relevant factors listed above, as well as any evidence presented to the court. For instance, if there was an agreement for spousal support, the court will consider that agreement. Further, if there was an unequal division of marital property, that will also be considered when making a finding for alimony.
It is important to note that when calculating alimony in Hawaii, a family law court judge will have broad discretion regarding whether alimony should be granted and for how long. Further, a judge may also order temporary alimony to be paid while a divorce case is ongoing.
Once a judge evaluates all relevant factors, they will make a finding as to whether alimony is necessary. In the alimony ruling, the court will note the amount of alimony to be paid and the duration of the support order. It is important to note that there is no set no formula for calculating spousal support in Hawaii.
Alimony in Hawaii may either be paid in one lump sum or on either a temporary or permanent basis. As far as receiving alimony payments, alimony payments will typically be received as follows:
- Direct Payments: The spouse obligated to make alimony payments will directly provide alimony to the receiving spouse, such as by automatic bank transfers, checks, or other agreed upon direct payment methods;
- Child Support Enforcement Agency (“CSEA”): When the two parties do not get along, then the Child Support Enforcement Agency can handle the alimony payments.
- If alimony goes through the CSEA, then the spouse obligated to pay alimony will often have their paychecks garnished, and then the payments will be disbursed by the CSEA to the party receiving support.
For example, if one spouse makes $10,000 monthly, and the other spouse has not worked in 25 years, then a court may order the financially independent spouse to pay $2,000 in monthly alimony support to the other party for two years or until there is evidence presented to the court that the other spouse is gainfully employed.
How Long Does Alimony Last in Hawaii?
Once again, in Hawaii, the duration of alimony will vary based on each individual’s case. However, the following is a list of factors that may influence the length of alimony:
- The length of the marriage often plays a significant role in determining the length of alimony.
- Generally, longer marriages will result in longer alimony periods;
- Because alimony is intended to help the supported spouse transition to financial independence, the court will consider the recipient’s need for support and ability to become self-sufficient.
- Once again, evidence of a permanent disability or degrading health may result in a permanent alimony order;
- A court may also award rehabilitative alimony, which is alimony awarded to support education or training to enhance the recipient’s earning capacity.
- Rehabilitative alimony is often awarded as a lump sum or on a temporary basis; and/or
- A family judge will also evaluate the health, age, contributions to the marriage, standard of living, and any other relevant circumstances when determining the length of alimony.
It is important to note that upon remarriage or death of the party receiving support the person obligated to make alimony payments will no longer be obligated to pay alimony. In other words, the alimony order will terminate upon the death or remarriage of the recipient.
How Do You Petition for Alimony in Hawaii?
In order to petition for alimony in Hawaii, even if the alimony is temporary, the individual requesting alimony will be required to either file a complaint for divorce or legal separation that includes a claim for spousal support. An individual may also include the claim for alimony in their answer and counterclaim for divorce if they are the party that was served with the divorce paperwork.
Regardless of which of these documents the individual chooses to file, to properly petition for alimony in Hawaii, the petitioning party will need to include a request for maintenance in their documents. Then, once the individual has filed the appropriate alimony claim, they will be required to serve them on the other spouse.
After the petitioning individual has served divorce paperwork on their spouse, they will be required to complete an income worksheet which provides evidence to the court regarding their financial and spouse’s financial information.
Evidence of each spouse’s finances will then be used to show the family law court each parties’ current financial status and why one party is requesting alimony. This financial information will also be used by the Hawaii family court when calculating the amount of alimony that may be ordered.
Once again, if there is an agreement for alimony, then a court will consider that agreement. Importantly, an agreement for alimony should be signed by both parties. Further, a court has discretion to reject an agreement for alimony, if the court feels that the agreement is unfair or unconscionable.
Where Can You Find the Right Lawyer?
If you are in need of alimony or if your spouse is requesting you pay alimony, it is recommended to consult with an experienced Hawaii alimony lawyer. Obtaining alimony, especially temporary maintenance, during a divorce is often the difference between continuing to live as you did during your marriage or struggling to survive paycheck to paycheck.
As such, it is essential to file a complaint for alimony that is free from mistakes in order to begin receiving alimony to take care of your life needs. An experienced Hawaii family law attorney will be able to ensure that you receive proper spousal maintenance payments and can assist you in petitioning for divorce and maintenance.
An attorney can also represent you if you are the party that is being petitioned for support. In either case, an experienced attorney will be able to represent your interests during pre-court negotiations with the other party, as well as in court.
