Spousal support, commonly known as alimony, is a financial payment made by one spouse to the other following a divorce. In Hawaii, alimony is not automatically granted; instead, the courts evaluate several factors to determine eligibility, duration, and the amount of support. Understanding how alimony works in Hawaii can help divorcing spouses prepare for the financial aspects of their separation.

Who Qualifies for Spousal Support in Hawaii?

Alimony is awarded to help one spouse maintain financial stability after divorce, particularly if there is a significant disparity in income or earning capacity. A spouse may qualify for alimony if they:

• Were financially dependent on the other spouse during the marriage.
• Sacrificed career advancement or education opportunities to support the family.
• Have a lower earning capacity compared to their former spouse.
• Need time to re-enter the workforce or gain education/training to become self-sufficient.

Spousal support is not automatically granted in Hawaii. The requesting spouse must demonstrate a financial need, while the paying spouse’s ability to provide support is also considered.

Types of Alimony in Hawaii

Hawaii courts may award different types of alimony based on the circumstances of the marriage and divorce:

1. Temporary Alimony – Awarded during the divorce process to help a lower-earning spouse maintain stability until a final settlement is reached.
2. Rehabilitative Alimony – Designed to support a spouse while they gain education, job training, or work experience to become financially independent.
3. Transitional Alimony – Short-term support intended to help a spouse adjust financially post-divorce, often granted in cases of shorter marriages.
4. Permanent Alimony – Rarely awarded, but may apply in long-term marriages where one spouse cannot become financially self-sufficient due to age, disability, or other factors.

How Is Alimony Calculated in Hawaii?

Unlike child support, which follows a specific formula, Hawaii does not have a set formula for calculating alimony. Instead, the courts use judicial discretion to determine a fair amount based on the following factors:

1. Length of the Marriage – Longer marriages typically result in longer or higher alimony payments, while shorter marriages may lead to little or no support.
2. Financial Need of the Requesting Spouse – The court examines the requesting spouse’s financial situation, including living expenses, income, and debts.
3. Ability of the Paying Spouse – The financial capability of the spouse being asked to pay alimony is considered, including their income, debts, and financial obligations.
4. Earning Potential of Both Spouses – If one spouse has significantly lower earning potential due to lack of work experience or education, they may receive alimony.
5. Contributions to the Marriage – Contributions such as homemaking, child-rearing, or supporting the other spouse’s career advancement may be factored into the decision.
6. Health and Age of Each Spouse – A spouse with health issues or nearing retirement age may be more likely to receive alimony.
7. Standard of Living During the Marriage – Courts aim to ensure that both spouses maintain a reasonable standard of living after divorce.

Duration of Alimony in Hawaii

The length of time alimony is awarded varies depending on the case. Common guidelines include:

• Short-Term Marriages (Under 5 Years) – Spousal support is usually limited or transitional, helping one spouse adjust to post-divorce life.
• Medium-Length Marriages (5–15 Years) – Rehabilitative alimony may be awarded for a period sufficient to allow the lower-earning spouse to gain employment or further education.
• Long-Term Marriages (Over 15 Years) – Longer marriages may result in extended or even permanent alimony, particularly if one spouse is financially dependent.

In most cases, alimony ends when:

• The receiving spouse remarries or cohabitates with a new partner.
• The paying spouse reaches retirement age, unless otherwise agreed.
• The court determines the recipient has had enough time to become self-supporting.

Can Alimony Be Modified or Terminated?

Yes, spousal support in Hawaii can be modified or terminated if there is a significant change in circumstances, such as:

• A substantial increase or decrease in either spouse’s income.
• The recipient spouse becoming self-sufficient.
• Retirement of the paying spouse.

To request a modification, the affected spouse must file a motion with the court and provide evidence of the changed circumstances.

Protecting Your Financial Future in a Hawaii Divorce

Alimony is one of the most important financial aspects of divorce, impacting both spouses for years to come. Whether you are seeking support or may be required to pay, understanding Hawaii’s spousal support laws can help you prepare for the legal process.

If you need legal guidance on alimony, consulting with an experienced Hawaii divorce attorney can help ensure your rights and financial future are protected.