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How will my property be divided in a divorce?

On Behalf of | Aug 4, 2021 | Family Law

When considering a divorce, financial stability can be a large concern. What if one spouse was a stay-at-home parent during the marriage? What happens if one spouse earns full custody of children? What does the state of Hawaii consider when dividing assets in a divorce?

Hawaii follows equitable property division procedures. This means that a divorce will not necessarily end up being an exact 50/50 split of assets obtained over the course of marriage. Depending on various factors, the court may decide to divide assets disproportionately.

Notable factors Hawaii recognizes

The state of Hawaii will divide property on what they believe is fair considering various factors from the marriage. Some of the most notable and applicable include:

  • The final decision on child custody
  • A spouse’s earning potential after the divorce
  • Non-monetary contributions to the marriage

In instances where one parent has full custody over the children, the courts may find it necessary to award the primary residence to that spouse during the settlement. The courts may also consider giving more assets to this spouse as raising children will be primarily their responsibility following the divorce.

Additionally, in cases where one spouse contributed mostly to child-rearing as the homemaker and has less potential for earnings after divorce, the courts may award this spouse a higher portion of assets.

Divorce resolutions

The final division of property in Hawaii is subjective and may not result in an equal split. The law tries to compensate for each spouse’s contribution during the marriage and considers each spouse’s prospective financial state. Generally, the courts try their best to distribute property so neither spouse is critically disadvantaged by a divorce.