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What is the Marital Partnership Model?

On Behalf of | Sep 20, 2021 | Property Division

Hawaii is a unique state when it comes to divorce. The state does use equitable distribution rules, which are included in the model called the Marital Partnership Model. 

The Marital Partnership Model sees marriages as a business partnership. It recognizes that both partners contribute energy, money, and time to the marriage. When a couple divorces, it state agrees that the profits and losses of the marital partnership should be shared. The court may order spousal support, child support and other payments if it feels that the divorce is not equitable or when the couple cannot come up with a reasonable settlement on their own. 

How is property divided in Hawaii?

Property in Hawaii isn’t necessarily divided by whose name it is in. Instead, the property is divided based on when the property was obtained. If it was obtained before the marriage, it may be considered one spouse’s separate property in most cases. If it was obtained after marriage, it will be marital partnership property. 

The titling of the property doesn’t matter as much to the court as the value of the property. The value is must be split, not necessarily specific assets. So, if your assets are valued at $100,000 and you feel you should divide it 60/40, then one person should be leaving the marriage with $60,000 worth of property while the other receives $40,000 of property.

It can be difficult to decide on a property division agreement. Learn more about Hawaii’s laws and how they may apply to your case so you can determine the best way to separate your marital property and make informed decisions about your future.