{"id":372892,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-marital-property-laws.html"},"modified":"2024-09-29T14:15:58","modified_gmt":"2024-09-29T19:15:58","slug":"hawaii-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-marital-property-laws.html","title":{"rendered":"Hawaii Marital Property Laws"},"content":{"rendered":"\n
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Hawaii Marital Property Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Hawaii is an equitable distribution state. In Hawaii, family courts divide marital property fairly during divorce or legal separation, but not always equally. Family courts consider different factors when dividing property.<\/p>\r\n

Hawaii courts presume that a spouse’s property remains their separate property. In some equitable division states, property acquired during marriage becomes marital property<\/a>.<\/p>\r\n

Courts divide marital property 50\/50 between spouses in community property states like California. Equitable distribution states try for a fair division of property.<\/p>\r\n

Marital Property vs. Separate Property<\/b><\/h2>\r\n

Hawaii categorizes property in a marriage as "premarital property" and "marital property." Premarital separate property becomes marital separate property once the couple marries.<\/p>\r\n

Premarital separate property:<\/b> Property owned by each spouse before marriage. When two people marry, this property becomes "marital separate property" or "marital partnership property."<\/p>\r\n

Marital separate property:<\/b> This property is any property:<\/p>\r\n