How is property divided in a divorce?

In Hawaii, property division is based on principles of fairness and equity. Property is divided according to the factors set forth in the Hawaii Revised Statutes 572-31. These factors include the length of the marriage, the age and health of the parties, the earning capacity of each party, the contribution of the parties to the marriage, and any other considerations deemed relevant. When it comes to division of property, both parties have the right to receive an equal share. This includes any property acquired during the marriage, such as a house, car, retirement accounts, and investments. The court will consider assets and debts acquired during the marriage to determine what is an equal share. Any property owned by either party prior to the marriage is considered separate property and is not subject to division in a divorce. The court can also allocate some, or all of the marital property to one party instead of dividing it equally if it is deemed equitable to do so. This can happen if one party has more need for the asset than the other. An example would be if one party is awarded the marital home with the custody of the children. The court can also award spousal support to help offset the financial burden of the divorce. In Hawaii, property division is completed in a court process called equitable distribution. The court will weigh all relevant factors to determine how the property of the couple will be divided in a fair and equitable way.

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