Hawaii Marital Property Laws

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.

Hawaii courts presume that a spouse's property remains their separate property. In some equitable division states, property acquired during marriage becomes marital property.

Courts divide marital property 50/50 between spouses in community property states like California. Equitable distribution states try for a fair division of property.

Marital Property vs. Separate Property

Hawaii categorizes property in a marriage as "premarital property" and "marital property." Premarital separate property becomes marital separate property once the couple marries.

Premarital separate property: Property owned by each spouse before marriage. When two people marry, this property becomes "marital separate property" or "marital partnership property."

Marital separate property: This property is any property:

• Excluded by an agreement which conforms with the Hawaii Uniform Premarital Agreement Act
• Excluded from the marital partnership by a post-nuptial agreement
• Acquired by gift or inheritance and claimed as separate property

Marital partnership property: Any property that is not marital separate property. Courts have discretion in dividing marital partnership property between the spouses. Courts can't use it to offset other property awards or give one spouse's separate property to another.

Marital partnership property can include:

• Jointly owned real estate
• Retirement accounts and pension plans
• Joint bank accounts
• Debts and liabilities acquired for the marital estate

The court may consider the amount of marital, separate property each spouse has and alter the final property distribution based on the marital assets of each spouse. This is within the court's discretion and equitable powers.

Hawaii Marital Property Laws

Hawaii family law courts make property divisions based on the circumstances of the case. Unlike alimony and child support, which have calculation guidelines, property division considers other statutory factors.

Judges review:

• The age and health of the parties
• The age and health of each spouse (including any special medical needs)
• The skills and employability (i.e., future earning potential) of each spouse
• The economic condition of each spouse
• Any violations of law, such as hiding assets or other culpable behavior
• The impact of property division on any dependent children

Research the Law

• Hawaii Law
• Official State Codes — Links to online statutes in all 50 states and D.C.

Hawaii Marital Property Laws: Related Resources

• Marriage, Money, and Property
• Hawaii Divorce Requirements
• Sample Property Settlement Agreement
• Property Division FAQ
• Find a Divorce Attorney

Get Legal Advice from a Hawaii Family Law Attorney

Couples contemplating divorce or considering a prenuptial agreement to protect their personal property should get advice from a Hawaii family law attorney. Discuss your property rights before discussing them in a Hawaii family court.