Is alimony based on need or fault?

In the State of Hawaii, alimony is typically based on need rather than fault. The primary factors that are taken into consideration when determining need-based alimony are the spouse’s projected future incomes, the length of the marriage, the ages of both spouses, the level of education and employment skills, and the earning potential of each spouse. The court will also take into consideration any assets that have been acquired during the marriage, the ability of the paying spouse to pay, and any special needs of either spouse. The court will also look at both parties’ contributions to the marriage ranging from the amount of time spent raising children, providing income, and any other duties that both spouses may have contributed to the household. When it comes to fault-based alimony, the court typically awards this type of alimony in cases where a spouse has committed an act of misconduct during the marriage such as adultery, physical abuse, or substance abuse. If the spouse has been found to be at fault, the court may consider awarding alimony to the injured spouse. In any case, the court will evaluate both need and fault when determining alimony awards in the State of Hawaii. The determination will depend on the particular circumstances and facts of the case. Ultimately, the court must make an equitable decision that serves the interests of both partners and ensures that both parties are treated fairly.

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Is alimony based on need or fault?

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