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Legal Information: Hawaii

Divorce

Laws current as of November 15, 2024

What factors will a judge consider when deciding alimony?

Alimony, also called spousal support or maintenance, is financial support paid by one spouse to the other. If you request alimony, the judge will consider the following factors:

  • financial resources of you and your spouse;
  • marriage length;
  • “standard of living” while married, which considers things like what your expenses were and what kind of house you lived in;
  • ages of you and your spouse;
  • physical and emotional condition of you and your spouse;
  • custody and child support responsibilities; 
  • the usual jobs of each spouse during the marriage;
  • your vocational skills and employability;
  • your ability to meet your needs independently;
  • the needs of both spouses;
  • your spouse’s ability to meet his/her own financial needs while still meeting yours;
  • other factors that measure the financial situation that each party would be in once the judge decides whether or not to grant alimony; and
  • the likely length of time that you would need support.1

The judge may also consider:

  • money or property that was hidden or not told (disclosed) to the judge; and
  • any history of violating a restraining order against the other spouse.1

1 Haw. Stat. § 580-47(a)