Divorce Alimony in Hawaii

Divorce Papers > Divorce Alimony > Divorce Alimony in Hawaii

A legal procedure that terminates the marriage and breaks the union of two persons is called as 'divorce'. Many different aspects are related to this process. Alimony or spousal support is one of them. It can be described as a monitory obligation on a spouse who is financially better than the other one. This amount can be decided by the spouses by having pre nuptial agreement or mutual dissolution accession. Otherwise, the court will finalize the amount to be paid by taking all factors into consideration. Divorce alimony in Hawaii is awarded differently based on a case.

The court has full authority to grant spousal maintenance for either a limited or unlimited duration. Usually, the court takes into account the duration that is essential for the spouse to attain sufficient education.

Factors considered in Divorce and Alimony in Hawaii

There are many factors which influence a court appeal for spousal maintenance. Some of the points considered by the court prior to taking a decision regarding this kind of obligation are as follows-

• Probable number of months or years for which the party is in need of maintenance.
• The capacity of the spouse to fulfill their own requirements as well as those of the spouse requesting maintenance.
• Responsibilities of child support and custody. Whether the guardianship is shared between partners or allotted to a single spouse.
• The requirements of both partners
• Vocational skills and ability to earn enough income for each partner.
• During the marriage, what was the usual occupation of both the spouses?
• Emotional and physical condition of both the partners.
• Age of the spouses.
• Standard of living experienced in marital life.
• The period of marital life. If a couple is married for a longer period, the amount of support will be higher.
• Whether the spouse is capable of fulfilling their own requirements independently?
• The financial resources of both the partners. These sources may include the profits over investment and rental income on the property owned by each spouse.

Types of Alimony in Hawaii

Before the final decree is granted, spousal support is generally awarded with an intention of maintaining the same financial status for both the spouses. If both the spouses have jobs with comparable earnings, then none of the partners should expect monitory help from other.

Post divorce, one of the following 3 types may be awarded -

• Permanent maintenance is given to a spouse who is elderly or disabled or due to some circumstances unexpected or unable to do a job.
• Rehabilitative assistance is offered to a spouse who has a particular plan to enroll in school to acquire skills that would enable him/her to rejoin work. This type of maintenance is suitable for housewives who have sacrificed their career for the sake of their family.
• Transitional money is awarded to help an ex-spouse on a temporary basis, if the divorce has resulted in financial hardship.

When the divorce proceedings begin, either spouse can request for an interim support that should be paid till the lawsuit is in progress. It is known as temporary maintenance, which help the spouse, to get over the financial setback caused by a separation.

After dissolution of marriage, either partner can make a request that post-marital support may be awarded. In this state, spousal support is not an absolute right, but the judge may grant it for some duration and amount, depending on the conditions.

While the litigation is in progress, if one party is already being offered spousal support, then this party may request to continue this order after dissolution. It must be noted that the arguments for obtaining alimony during the lawsuit and post divorce may be different. So, the court might issue a different order than the order that is related to payment during the litigation.

Alteration in Court Order

The order can be modified in the future on the basis of change in conditions of either party. The party that claims change in circumstances should submit a proper application to the court and a notice to his/her ex-spouse. This spouse should be able to collect enough evidences for convincing the court that previous circumstances are changed.

In this way, Divorce and alimony in Hawaii are two inter-related factors. There are many minute details in the family laws in Hawaii. Therefore, before applying for the support at any stage of a legal process, the spouses must be aware of the rules and regulations regarding this matter. If they opt for doing a process by themselves, they can take help from the counselors or mediators.

Divorce Papers