Living in Hawaii can be incredibly expensive, and not all families live here year-round. Owning real estate in other states can afford you the opportunity to travel while still having a home in Hawaii. It may also allow you to avoid the worst seasons in each state,...
Property Division
Could you invalidate your prenuptial agreement by commingling your assets?
Many couples sign prenuptial agreements before they get married to keep any assets that they owned before their marriage to themselves in the event of a divorce. Unfortunately, keeping one's separate property truly separate isn't always easy. Commingling those...
Can your spouse keep a 401(k) because it’s in their name?
When you decide to divorce, you and your spouse will probably start divvying up your property. Deciding who gets what is such a difficult process that couples often need the courts to make those decisions on their behalf. Some people ask for property they have no...
Who gets the house in a divorce?
Your spouse files for divorce. You know this is eventually going to mean you have to find a new place to live, but what does that process look like? Who gets to keep the home? First and foremost, you can stay in the house if you legally own it, even after the divorce...
Should you get a separate bank account before divorce?
You’re considering a divorce. You haven’t told your spouse yet, but it’s pretty obvious to both of you that the relationship is ending. One thing you’ve been thinking about is your financial position. You share a bank account with your spouse. Should you get a...
Sharing a retirement account in a divorce
If you and your spouse have chosen to end your marriage, you know that you will need to figure out how to separate your comingled lives. Shared debts and assets may end up being split or apportioned to one person only during the divorce settlement negotiations. When...
Travel before, during and after divorce
Hawaii can sometimes feel like a different country altogether than the continental USA. This can be a great advantage — until it becomes a significant liability. One example of this is during divorce. Travel back and forth between the islands is expensive enough. If...
How is marital property divided after a divorce in Hawaii?
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...
What do you need to know about property division and divorce?
In case you fail to reach an agreement with your spouse regarding property division in Hawaii, then a judge will rule on the issue. The judge will be guided by the state laws on property division when ruling on the matter. The statutes governing property litigation...
Keeping a home in a divorce
For many married couples in Hawaii, their primary family home is the single most valuable asset in their marital estate. The corresponding home loan associated with the property can, in turn, be the single largest financial liability that they share. When they make...