Does alimony have to be paid if the payor is unemployed?

In Hawaii, alimony is money paid by a former spouse to the other upon divorce. Alimony typically has to be paid regardless of the income of the payor, however when it comes to unemployment, the situation is more complicated. Generally, courts may determine that the paying spouse should not be required to pay alimony when they are unemployed, and these decisions are made on a case-by-case basis. For example, if the paying spouse can demonstrate that they have actively sought work for an extended period but have been unsuccessful, courts may find that they should not be responsible for alimony. Additionally, if the court finds that the paying spouse’s unemployment is voluntary, they may order a lesser amount than they would otherwise due to the decreased income of the payor. In these cases, the court may order that the paying spouse pay what they can, considering their full financial situation, so as to avoid an undue economic strain on the receiving spouse. On the other hand, unemployment can also work in the favor of a paying spouse, at least in certain cases. The court may consider the unemployment in its calculation of temporary alimony, and while it may not excuse the paying spouse from paying alimony, it could lead to a lower amount than might be ordered otherwise. In sum, the payor’s unemployment status can work in their favor or against them depending on the circumstances. Ultimately, it is up to the court to determine if alimony should be paid in such cases based on the specific circumstances of each situation.

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Does alimony have to be paid if the payor is unemployed?

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