Did your spouse make a large, unexpected purchase, such as a new car or a lavish vacation, while you were separated? If so, you are likely wondering how this impacts your divorce. Hawaii law addresses the use of marital assets during separation, and understanding these regulations is vital.
Marital property in Hawaii
Hawaii follows equitable distribution laws for dividing property in divorce. This means the court aims to split assets fairly, not necessarily equally. Marital property includes income earned and assets acquired during the marriage.
Dissipation of assets
Dissipation of assets occurs when one spouse wastes marital funds on expenses unrelated to the marriage. When this happens, the court considers several factors:
- The purpose of the spending
- The amount spent
- The benefit of spending to the marriage
- The intent behind the spending
- The financial impact on the other spouse
Common examples include spending on an extramarital affair, gambling losses, excessive gifts to family members or friends and hiding or transferring assets to avoid sharing.
Courts take the dissipation of assets seriously. Hawaii judges can adjust property division to compensate the wronged spouse when they find evidence of dissipation.
Legitimate spending vs. wasteful spending
Not all spending during separation qualifies as dissipation. The court distinguishes between legitimate and wasteful expenses.
Paying for housing, food, medical care and child-related costs represents legitimate spending. The timing matters, too. Spending that occurred after separation but before divorce finalization falls under close scrutiny.
Taking action
If you suspect your spouse misused marital funds, take action to protect your interests. Gather evidence of the spending, such as bank statements, credit card bills and receipts. Documentation is very important in court.
In times of uncertainty, professional guidance is invaluable. Seeking legal advice ensures you are prepared and informed. Your attorney can assist in protecting your financial interests and ensuring a fair outcome.
