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How is marital property divided after a divorce in Hawaii?

On Behalf of | Feb 11, 2020 | Property Division

Once you marry in Hawaii, everything that you acquire after the marriage, including your income and property, becomes shared resources. It is very likely that after becoming a couple, you will use commingled funds to run your household finances.  The problem arises when you intend to divorce your partner.

You need to clearly understand the laws of your state when going through a divorce, especially in matters that relate to property division. Hawaii is an equitable distribution state. Every asset that you own together with your partner will have to go through distribution.

Equitable distribution is different from community property that divides assets equally. Here, the law focuses on distributing the property fairly but not necessarily in an equal manner. There are several considerations a judge looks into when dividing property.

According to Findlaw, the court considers your age together with any of your medical needs. They also review your current economic condition and the future earning potential of both you and your spouse. Additionally, they look at how the division of property will affect any kids that are present in the marriage.

You may choose to come into an agreement with your partner and divide your property amongst yourselves. However, for the judge to agree to your decision, it needs to be a sound judgment free from any coercion. When you violate the law and hide any assets, it will negatively impact the decision the court makes.

It would be best if you understood the property in question is only that which you acquire after your marriage. Any property that you had before the marriage is separate property. The court will award it to you without having to take it through the equitable distribution.

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