Hawaii Alimony / Spousal Support
Hawaii alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.
Hawaii spousal support is intended to preserve the economic status of both parties, as it existed during the marriage.
Types of Alimony Awarded in Hawaii
Temporary alimony. According to §580-9 Temporary support, etc. After the filing of a complaint for divorce or separation the court may make such orders relative to the personal liberty and support of either spouse pending the complaint as the court may deem fair and reasonable and may enforce the orders by summary process. The court may also compel either spouse to advance reasonable amounts for the compensation of witnesses and other expenses of the trial, including attorney's fees, to be incurred by the other spouse and may from time to time amend and revise the orders.
Rehabilitative alimony. Hawaii statute says support and maintenance shall be ordered for a specific duration wholly or partly based on competent evidence as to the amount of time which will be required for the party seeking support and maintenance to secure adequate training, education, skills, or other qualifications necessary to qualify for appropriate employment, whether intended to qualify the party for a new occupation, update or expand existing qualification, or otherwise enable or enhance the employability of the party, the court shall order support and maintenance for a period sufficient to allow completion of the training, education, skills, or other activity, and shall allow, in addition, sufficient time for the party to secure appropriate employment..
In addition to any other relevant factors considered, the court, in ordering spousal support and maintenance, shall consider the following factors:- Financial resources of the parties
- Ability of the party seeking support and maintenance to meet his or her needs independently
- Duration of the marriage
- Standard of living established during the marriage
- Age of the parties
- Physical and emotional condition of the parties
- Usual occupation of the parties during the marriage
- Vocational skills and employability of the party seeking support and maintenance
- Needs of the parties
- Custodial and child support responsibilities
- Ability of the party from whom support and maintenance is sought to meet his or her own needs while meeting the needs of the party seeking support and maintenance
- Other factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made
- Probable duration of the need of the party seeking support and maintenance
Modification of Alimony in Hawaii
Alimony can be modified is a significant change in circumstances for either party can be shown.
Termination of Alimony in Hawaii
Alimony terminates upon remarriage of the receiving party. It is the responsibility of the alimony recipient to notify the payor in writing within 30 days of the remarriage.
Hawaii statutes for alimony can be found here: Hawaii statutes
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